How should the inheritance be distributed among the son s parents, the son s spouse, and the childre

Generally well, the distribution of the estate, well, the law has stipulated, the children account for half of the estate, and then the wife and spouse and um, the parents of the deceased, they stick to the half of the estate, and the parents and spouses stand in the referee half and half of the class, the law stipulates that you had better go and see for yourself, how is this phenomenon distributed? How can an inheritance be reasonable and legal? He will give you a clear answer.

Your son's first heirs are his spouse, children, and his parents, who share your son's estate equally.

According to the Inheritance Law, parents, spouses and children are all first-order heirs, and the spouse receives half of the inheritance, and the other half is divided equally between the parents, children and spouse.

In the inheritance of a son, the first heir is the spouse, and the second heir is the parents, children.

In addition to testamentary succession, the distribution of inheritance by children is legally divided into inheritance objects in order and distributed in order.

The first half goes to the spouse, and the remaining part is divided equally between the parents and children and the spouse.

In the estate after the death of the son, the first heir is the spouse, followed by the children and parents, and it should be like this, unless there are special circumstances.

According to the law, parents, spouses, and children have the right to inherit the estate, and as for how to distribute it, the law has clear provisions, and you can apply for the law to administer justice for you.

Legal analysis: Therefore, when the property left by the parents can be distributed directly through the will, which will not hurt the harmony between relatives and brothers, but also make the distribution more reasonable, respect the choice of the parents, and will not let them see that we have caused family disharmony because of the distribution of property. 2. If there is only one child, it generally belongs.

If the parents have only one child (biological child), then they are the first heirs and can fully obtain the property left by the parents. Of course, if the parents take in other children and raise them, but if they do not make a will, legally speaking, they are the only ones who have the right to inherit the property.

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

Article 1130: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.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance 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.

Article 1131:Appropriate inheritances may be distributed to persons other than the heirs who rely on the support of the deceased, or to persons other than the heirs who support the deceased more.

Article 1132:The heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. 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.

Legal Analysis: Spouse, children, and parents are all first-order legal heirs. There is no order of distribution among the heirs in the same order, and the share of the inherited estate should generally be equal.

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

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 is to be handled in accordance with the agreement.

Article 1127 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.

The term "parents" as used in this Part includes biological parents, adoptive parents, and stepparents who have a relationship of supporting and raising children. 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.

First of all, it is necessary to determine the amount of the estate, if one of the husband and wife dies, the joint property of the husband and wife shall be divided first, and the divided property shall be the estate of the deceased, and if there is a will for the estate, it shall be divided according to the content of the will, and if there is no will, the legal inheritance shall be inherited in the following order: first order: spouse, children, parents.

Second order: brothers and sisters, grandparents, maternal grandparents. Assignment Rules:

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 to inherit, the second-order heir shall inherit The share of the inheritance inherited by the legal heirs in the same order shall generally be equal.

1. The method of notarization of provident fund inheritance is:

1) The "Certificate of Inheritance Notarization and Kinship Certificate" issued by the personnel or organization department of the unit to which the decedent and his or her spouse belong, signed by the handler, retained by the unit, and stamped (the model is provided by the notary office).

2) The inquiry list of the housing provident fund in the name of the deceased shall be stamped by the handling bank.

3) The death certificate of the decedent (issued by the hospital or the public security department or the sample of the death investigation form handled by the public security department shall be provided by the notary office, the same below), and if the legal heirs (parents, their spouses, children) are deceased, the death certificate (issued by the hospital or the public security department) shall be provided, and if the whereabouts are unknown, the judicial documents declaring the disappearance or declaring death shall be submitted to the court.

4) Where a bequest and maintenance agreement or testamentary succession is involved, the beneficiary submits a notarized legal document or a legal document that has been recognized as valid by the relevant department; If there is an executor, submit his identity certificate and attend the notarization site.

5) In the case of legal succession, all legal heirs (including spouses, parents, and children) should bring the original and photocopies of the household registration book and ID card (the address page of the household registration book and the page of the person, A4) to the notary public to express their opinions on inheritance or renunciation. If the inheritance is renounced and cannot be present, the heir in charge shall provide the relevant materials notarized by the abstaining person (declaration of renunciation of inheritance); If the inheritance cannot be handled in person, the trustee can handle the inheritance notarization procedures on behalf of the heir with the heir's valid identity certificate, seal, power of attorney signed in person and other materials.

2. Whether the divorced child has the right to inherit.

After the parents dissolve the marriage relationship, even if the child lives with one of the parents and has direct custody, the parent-child relationship between the child and the other party will not be affected, and naturally it will not be dissolved due to the divorce of the parents. Therefore, after the divorce of the parents, the children can inherit the property of the parents. And according to the provisions of the Civil Code, the identity of the child at this time is still the first-order heir of the parents' estate.