Family Inheritance Disputes 20, Family Inheritance Disputes

If the second son dies and has no children and no daughters, then if there is no valid will, his estate will be inherited equally by the first heirs, who include: parents, children and spouses, that is, their property is divided equally between the mother and the wife (if any).

The rest of the eldest son and his children, and the third son and his children have nothing to do with the distribution of the second son's estate.

If the third son occupies it, then the court can sue for a reasonable division.

Inherited by the mother. The second son's first heir in line to the estate is only his mother (if there is a spouse, the spouse accounts for three-quarters, and the mother accounts for one-quarter), and in the case of the first heir in line, the other heirs in line cannot inherit, and the rest have no right to inheritance. You can sue the court to recover the compensation related to the car accident and all the property, and the money from the car accident is also civil compensation and part of the estate.

The third son can inherit only a part of the father's estate, the mother divides half first, and the mother and several children divide the rest equally.

Unfortunately indeed. The estate of the second son shall be inherited by the mother. If there is a spouse, it is inherited by both the spouse and the mother. According to the law, the third son is not entitled to inherit the property of the second son, but he can inherit the property of his deceased father.

If you think it helps you, please be prompt, thank you first.

It's not easy to go through the legal process, and the two elder brothers are gone, so this younger brother is too ruthless.

Inheritance disputes are disputes over the deceased's estate after the death of the deceased. For example, if there is a disagreement over inheritance rights, inheritance order, inheritance shares, etc., these are inheritance disputes. After the occurrence of inheritance disputes, first, the relevant parties can use negotiation to settle the dispute, reach an agreement, sign an agreement, and then divide the estate according to the agreement.

If there is no way to reach a consensus, the people's mediation committee can mediate, and the people's mediation committee will mediate the dispute through persuasion and education on the basis of the Inheritance Law, so as to promote mutual understanding and mutual concessions between the parties, so as to reach an agreement. When there is a disagreement through negotiation, they may also go directly to the people's court to file a lawsuit for inheritance disputes without going through the mediation of the people's mediation committee.

Legal basis: Article 8 of the Inheritance Law of the People's Republic of China The time limit for initiating a lawsuit in an inheritance dispute is two years, calculated from the date on which the heirs knew or should have known that their rights had been infringed. However, if more than twenty years have elapsed since the commencement of the inheritance, no further proceedings may be filed.

1. How to resolve family inheritance disputes.

1. There are the following solutions to family inheritance disputes:

1) The parties can settle the matter through negotiation, and after reaching an agreement, sign an agreement, and then divide the estate according to the agreement.

2) If there is an agreement through consultation, the people's mediation committee can mediate;

3) If you are not satisfied with mediation, you can go directly to the people's court and file a lawsuit for inheritance disputes.

2. Legal basis: Article 1123 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, it shall be handled in accordance with the 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.

2. How to solve housing disputes.

There are the following ways to resolve house disputes:

1. Negotiation settlement, the parties to the dispute negotiate on their own, and properly resolve it in an equal, mutually beneficial, reasonable and paid manner, mainly based on the contract signed between the parties to negotiate and resolve the real estate dispute between the two parties to the dispute;

2. The administrative organ shall handle the matter ex officio, and after one of the parties to the dispute complains to the administrative organ, the administrative organ shall accept it according to the scope of its jurisdiction and make an administrative decision in accordance with the relevant laws, administrative regulations and rules;

3. To be resolved by arbitration or litigation procedures, the parties may apply for arbitration or file a civil lawsuit. There must be an agreed arbitration agreement to apply for arbitration, and if there is no agreement, no arbitration can be applied for, and only a civil lawsuit can be filed.

In the event of a will-related dispute, the heirs can negotiate to resolve the dispute; If you are unwilling to negotiate or if you are unable to resolve the dispute after negotiation, you can file a civil lawsuit with the court. Testamentary disputes are a type of inheritance disputes, and according to the relevant laws of China, the people's court at the place where the decedent is domiciled at the time of death or where the main estate is located shall have jurisdiction. If there is a dispute over the validity of a will, a judicial appraisal may be required.

After the people's mediation committee reaches a mediation agreement, all parties shall conscientiously abide by and perform it. Litigation: After the occurrence of an inheritance dispute, if the negotiation fails, a lawsuit may be filed with the people's court.

[Legal basis].

Civil Procedure Law of the People's Republic of China》 Article 33: The people's courts have exclusive jurisdiction: (1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located; (2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located; (3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent is domiciled at the time of his death or where the main estate is located.

Legal analysis: According to the provisions of China's current laws, inheritance disputes can be resolved through the following ways: 1

After the occurrence of a dispute over self-negotiated inheritance, the relevant parties may, on a completely voluntary basis, negotiate an agreement on the time, method and share of the division of the estate through mutual understanding and mutual concession, and then divide the estate according to the agreement. 2.People's Mediation Committee Mediation: People's Mediation Committees are mass organizations.

After the occurrence of an inheritance dispute, if the parties concerned fail to reach an agreement through negotiation, the people's mediation committee may mediate. 3.After a lawsuit is filed with the people's court, if the inheritance dispute fails through negotiation, the lawsuit may be directly filed with the people's court without mediation by the people's mediation committee.

If no agreement can be reached through mediation by the people's mediation committee, either party also has the right to file a lawsuit in the people's court. In short, when faced with inheritance disputes, you should first choose to resolve them through negotiation, after all, the vast majority of the parties to inheritance disputes are relatives, and the settlement through negotiation will not hurt the family affection between each other, and if the negotiation fails, the parties can choose to request the people's mediation committee for mediation or file a lawsuit with the people's court.

Legal basis: Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1066 of the Civil Code: In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Regarding family inheritance disputes, the parties may entrust ** person to appear in court to participate in the litigation. According to the provisions of China's Civil Procedure Law, if a lawsuit is filed in the people's court for an inheritance dispute, and the party entrusts a lawyer to appear in court, the party may not appear in court to hear the case.

Article 59 of the Civil Procedure Law of the People's Republic of China stipulates that when entrusting another person to litigate on behalf of the client, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the matters and authority of the entrustment. The litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client.

A power of attorney sent or entrusted by a citizen of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, the certificate shall be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China in that country, and then transferred to the embassy or consulate of the People's Republic of China in the third country, or by the local patriotic overseas Chinese organization.

1. Whether the parents' estate is the joint property of the husband and wife.

Under normal circumstances, whether the parents' estate is the joint property of the husband and wife depends on the specific circumstances. If the parents have determined in their will that the estate will go to only one of the spouses, then the estate is not part of the joint property. However, if it is not determined in the will that only one of the spouses belongs to the spouses, then it is joint property of the husband and wife.

Therefore, it is necessary to see whether the inheritance is determined to a certain party in order to determine whether it is the joint property of the husband and wife.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

2. Can the parental estate give the property to one of the spouses alone?

A parental estate can give property to one of the spouses alone.

Article 1133 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) provides that natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors.

A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.

Article 1123:After the commencement of succession, it shall be handled in accordance with statutory succession; 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.

If the parents do not explicitly indicate that the property was given to one of the parties when they donate the property after the marriage of the child, the property is considered to be the joint property of the husband and wife. No joint property may be disposed of by one of the spouses without the consent of the other spouse during the conjugal relationship.

Legal analysis: According to the laws of our country, it is necessary to analyze the specific situation, and if there is a will, it shall be executed according to the will, and if there is not, it shall be executed according to the statutory inheritance.

Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the 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 of the Civil Code of the People's Republic of China The inheritance of inheritance shall be in the following order: (1) the first order: spouse, children, 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.