The issue of the division of grandma s estate, how to distribute grandparents inheritance

According to the provisions of China's inheritance law, men and women enjoy equal inheritance rights, as long as they are children of parents, regardless of whether they are married or at home, they all enjoy equal inheritance rights. After the death of your grandmother, his children can inherit his legal property, in principle, it is divided equally, but the person who has the main obligation to support him can divide more, if the private house actually belongs to the third son to buy, but only under the name of your grandmother, it does not belong to the inheritance, does not need to be divided, but there must be evidence to prove that the private house was bought by the third son himself at that time.

1. The two-room household between the second son and the grandmother should be joint property, so after the death of the grandmother, half of the two-room household should be treated as an inheritance, and it should be divided equally among the three children without any special reason.

2. The relocation fee is given according to the head (that is, how many people in the family will be given?) No matter how many houses there are? If so, then the eviction money is the grandmother's estate divided equally among the three children; If not, it is the third son's own private property.

Because the law is the same name. And San'er can come up with evidence that he bought this house at his own expense, which may be a different matter.

I think it's what it should be, it's your own, it's your own, it's not your own, don't force it, the house that the third child bought with the money, the money should be his own, and the rest should be done as before.

Legal Analysis: Depends on the circumstances. In the case of legal inheritance, the spouse and children are the same heirs, and the estate is divided equally.

The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance.

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

Article 1121 Succession begins upon the death of the decedent.

Where several persons who have a relationship of inheritance with each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs dies first. If there are other heirs, and the generations are different, it is presumed that the elder died first; If they are of the same generation, they are presumed to have died at the same time, and no inheritance occurs between them.

Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

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

Legal analysis: The division of the estate refers to the distribution of the estate according to the distribution principle prescribed by the law or the amount specified in the will when two or more heirs jointly inherit the inheritance after the commencement of inheritance. According to the provisions of the Inheritance Law of the People's Republic of China, the division of inheritance shall first implement the spirit of mutual understanding, mutual concession, harmony and unity, and shall be handled by the parties through consultation.

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

Article 1126:Men and women are equal in inheritance rights.

Article 1127 Inheritance shall be inherited in the following order:

1) 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.

Scope of inheritance: Citizens' forests, livestock and poultry; citizens' cultural relics, library materials; The law allows citizens to own the means of production; citizens' income, housing, savings, and household goods; property rights in citizens' copyrights and patent rights; Other legal property of citizens, such as housing provident fund, etc. Division of the estate:

The share of inheritance inherited by heirs in the same order shall generally be equal.

[Legal Basis].

Article 1130 of the Civil Code of the People's Republic of China.

The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in life and lack the ability to work shall be taken care of when they are assigned an inheritance.

Heirs who have fulfilled the main obligation to support the deceased or who live with the deceased may receive more dividends when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Handling of disputes over the division of the elderly's estate: Under normal circumstances, if there is a will, it shall be handled in the manner specified in the will, and if there is no will, or the will does not stipulate, the heirs shall deal with it by agreement, and if the agreement is not reached, the people's mediation committee may mediate or file a lawsuit with the people's court.

1. Do the parents of the son's estate have the right to inherit?

Whether the parents of a son's estate has the right to inherit needs to be determined according to the method of inheritance. The details are as follows:

1. If there is a will, it is necessary to determine whether the parents can inherit the estate according to the content of the will;

2. If there is no will, but there is a bequest and maintenance agreement, then it is necessary to determine whether the inheritance can be inherited according to the content of the agreement;

3. If there is neither a will nor a testamentary maintenance agreement, then the inheritance can be inherited in accordance with the method of statutory inheritance. In general, parents are the legal first-order heirs of the son's estate.

2. How the parents' estate should be distributed.

For the inheritance of the parents, those who have a will shall inherit according to the will, and those who do not have a will shall be handled according to the statutory inheritance.

In statutory inheritance, the heirs in the same order shall divide the estate equally, and the heirs may not divide it equally if they reach a consensus through consultation.

The division of the estate shall be conducive to the needs of production and life, and shall not impair the utility of the estate.

Inheritances that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership.

3. How to deal with the inheritance of a single death.

If a single elderly person dies, it depends on whether there is a will and legal heirs, and if not, the inheritance goes to the state. If the old man appoints an heir in the will, it will be handled in accordance with the will, and the heir will get the old man's property. Single elderly people have no children, and siblings can participate in the division of the estate as first-order heirs.

Article 1130 of the Civil Code of the People's Republic of China.

The share of inheritance inherited by heirs in the same order shall generally be equal.

Article 1132.

The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

Article 1156.

The division of the estate shall be conducive to the needs of production and life, and shall not impair the utility of the estate.

Inheritances that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership.