Urgent help! About the inheritance of real estate for minors!

If the property is the property of the daughter's father, then since the will states that the property must be inherited to the daughter in full, according to the inheritance law of our country, testamentary inheritance has priority over legal inheritance, which is okay. If there is no will, the child's mother and mother-in-law are the legal heirs, and you can give up the right to inherit, then the daughter will inherit it all. It is not legal to give all the household property to her daughter without consulting her mother-in-law, because her mother-in-law is one of the legal heirs and she has the right to inherit her son's property.

The will will directly states that all your property will be inherited by your daughter, and then go to the notary office to notarize.

Legally, regardless of whether the mother agrees or not, the father has the right to appoint his own estate in the form of a will to anyone (including legal heirs, other natural persons, collectives, and the state), but due to the relationship of property rights, it is best to make this kind of will for both husband and wife to make a will, designating who is the heir of the will. Otherwise, the testamentary heir can only get half of the property, if you want to **, the other half of the owner does not agree, it is difficult to deal with it, to ensure the right of residence of the other half of the owner. Writing a will is simple, find two people who have no interest in the interested parties as witnesses, and then write out the parents' intentions, but the will is subject to the last one, if there is a notarized will (that is, a will made at the notary office), then the notarized will is the largest, and other wills cannot overturn the notarized will.

1. Have a will, notarization.

2. Intestate, all co-owners write a gift contract.

The daughter's father can only dispose of his own inheritance. Is the house co-owned or individually?

It's best to ask a lawyer

The property inherited by the minor child is kept by the guardian of the minor child, who is the parent of the minor child; Where the minor's parents are deceased or have no capacity for guardianship, the minor's grandparents, maternal grandparents, older siblings, and other individuals or organizations who are willing to serve as guardians with the consent of the neighborhood committee, village committee, or civil affairs department where the ward is living may serve as the minor's guardian.

[Legal basis].

Article 27 of the Civil Code of the People's Republic of China provides that parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order: (1) grandparents or maternal grandparents; (2) Elder brother or sister; (3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

If a minor wants to inherit a property, it is generally the guardian who manages the property. Specifically, minors also enjoy the right of inheritance, but the exercise of their rights must be exercised with the help of their guardians, and if the children are minors, have no ability to work and income, they should be given more distribution when distributing the inheritance. Therefore, the inheritance of the inheritance of minors is generally managed by the guardian to help them exercise their inheritance rights.

[Legal basis].

Civil Code of the People's Republic of China Article 1123 [Effect of Statutory Succession, Testamentary Succession, Bequest and Bequest and Maintenance Agreement] After the commencement of inheritance, it shall be handled in accordance with statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127: [Scope and Order of Inheritance of Legal Heirs] Inheritance is to be inherited in the following order:

1) First order: spouse, son-in-law, and parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

1. What should I do if the heir of the estate is underage?

1. If the heir of the estate is a minor, the legal person shall handle the inheritance matters;

2. Minors have the right to inherit and can get their due share after the inheritance begins, and their legal ** person cannot ** their minor children give up the right of inheritance and bequest.

3. Legal basis: Civil Code of the People's Republic of China

Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-prescribed **person** or with the consent of their legally-prescribed **person, and the omission is recognized; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

2. What to do if the heir dies

1. There are two situations in which the heir dies before the commencement of inheritance, one is that the heir dies before the inheritance in the legal inheritance, and the other is the death before the inheritance in testamentary succession.

2. If the heir dies after the commencement of the inheritance, the transfer of inheritance applies

Succession means that the heir dies before the actual acceptance of the inheritance after the commencement of the inheritance, and the legal heir of the heir actually accepts the inheritance to which he is entitled on his behalf. A successor is the heir of a deceased heir who actually received the estate.

3. The conditions for the application of inheritance transfer.

The Civil Code provides that after the commencement of the inheritance, the heir does not renounce the right to inherit and dies before the division of the estate, his right to inherit the estate is transferred to his legal heirs. Therefore, the following conditions need to be met for transfer inheritance:

The heir dies after the death of the deceased before the division of the estate;

The heirs have not lost their inheritance rights and have not renounced their inheritance rights.

When the conditions for transfer of inheritance are met, the transfer of the heir shall inherit the inheritance of the transferred heir. In statutory inheritance, the successor shall inherit the inherited share of the decedent; If the heir is transferred to the testament, the inheritance that he or she should inherit according to the lawful will shall be inherited by the heir.

Hello, real estate inheritance refers to the act of transferring the property left by the decedent to the heirs in accordance with the provisions of the Inheritance Law. Inheritance should only occur after the death of the decedent (in the case of inheritance, the person who left the property). This is the first condition for inheritance.

In order to avoid disputes over real estate in the future, some property owners hand over the property rights to the heirs before their deaths, such as distributing them to one or each of their children, which is also a legal act, but this is not inheritance, because the inheritance has not yet begun, but a gift before death.

The specific steps for the gift procedure are as follows:

1) The donor and the donee enter into a written contract on the gift of the house, that is, the letter of gift.

2) The donee shall pay the deed tax in accordance with the provisions of the Provisional Regulations on Deed Tax with the original house ownership certificate and gift letter, and the deed tax is **2% of the current value of the house, and receive the deed.

3) The donor delivers the house to the donee. The "delivery" here is subject to the registration of the property rights of the house. That is, the donor and the donee shall, within three months from the date of delivery of the donated house, apply to the housing management authority for registration of ownership transfer with the original house ownership certificate, gift letter and deed and the identity certificates of both parties.

1. There is no problem of inheritance during the parents' lifetime, it is a normal change of property rights, and the parents' real estate can be transferred to their children, which can be transferred or gifted, and the transfer will generate more taxes and fees, but the value of the house will be increased by the next transfer of the transferee, thereby reducing the cost of re-transfer. Make a choice based on your needs.

2. If the transfer is given to a minor, the subject matter of the transfer, that is, the house, must be fully owned by the parents, such as a mortgaged house, either the parents must act as the guarantor of the repayment of the new property owner, or the parents must take out a loan to cancel the mortgage of other rights in the house before the transfer is changed, which depends on the requirements of the local real estate transaction center for real estate transactions.

Yes, ,,, the details or look at the relevant laws too much.

Statutory inheritance is in accordance with the provisions of the law, and the heirs inherit according to the order of inheritance and the share of inheritance. The legal heirs under the Inheritance Law are: spouse, children, parents, siblings, grandparents, maternal grandparents.

The order of inheritance refers to the order in which the heirs inherit the estate. The Inheritance Law divides heirs into two orders of succession: First order:

spouse, children, parents; Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, the heirs in the first order will inherit first, and the heirs in the first order will inherit without the heirs in the first order (including those who do not have the heirs in the first order and those who have the heirs in the first order but have all given up or lost the right of inheritance.)

The inheritance share means that when the heirs in the same order inherit the estate, the shares are generally equal. For those who have special difficulties, minors, and heirs who lack the ability to work and have no livelihood, they should be taken care of and appropriately distributed some more inheritances. For heirs who have the ability and conditions to support them, if they do not fulfill their obligation to support them, they shall not share or share a small amount when distributing the estate.

The heirs can divide the estate equally or unequally by mutual agreement, which is especially important when it comes to property inheritance. The heir's right of inheritance may be forfeited by the following acts of the heir: 1. Intentionally killing the decedent; 2. Killing others for the sake of inheritance; 3. Abandoning the decedent, or abusing the decedent, where the circumstances are serious; 4. Forgery, tampering, or destruction of wills, where the circumstances are serious.

The inheritance and division of property is different from other types of property, although the property can be divided, but this division is limited, such as the inability to divide a house into many parts. In this case, it can be inherited jointly by the heirs as a joint property. If it is necessary to divide, the method of value division can be adopted.

There are two forms of real estate inheritance: one is statutory inheritance, that is, the deceased did not confess or make a will during his lifetime, so the order of inheritance is carried out in accordance with the procedures prescribed by law; The other is testamentary succession, that is, the deceased left a clear will and instructions during his lifetime, indicating who to leave his estate to inherit after his death.

What should we do if my mother-in-law and my husband and sister lied to my father-in-law and asked him to make a will to give them the property?

If it is their own property, how to make a will is their own business, and others cannot interfere.

Do wills involving property inheritance need to be notarized?

The principle is not mandatory.

If there is no will, does my husband's sister have the right to inherit the property?

Of course there is, and so does your husband.

If your husband and sister ask your father-in-law to give them the house in a will, unless you have evidence to prove that this is not your father-in-law's intention, it is really difficult to do. If it is a legal inheritance, your husband's sister has the right of inheritance.