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The first inheritance of this house is you and your father, exactly right.
It's not your stepmother's turn at all. Now the owners of the house are you and your father, and after a hundred years of your father, your father's part of the house (remember that the house is now two copies) will be inherited by you and your stepmother (legally, if your father must give his part completely to your stepmother in the form of a will, it is also legal, if he gives it all to you in the form of a will, it is also legal, if he does not leave a will, according to the law, you should get half of the house, understand?). )
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The house has nothing to do with your stepmother, your grandfather's will stipulates that the heir to the house is your mother, and then your mother dies, and the house is inherited by you and your father, and your father's part is not marital property with your stepmother, so it is not joint property.
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1. If your father's house was purchased before marrying your stepmother, the house belongs to your father's personal property, and after his death, the house will be divided equally among the heirs as his inheritance, and if the heirs are only your stepmother and you, then in principle, one person will inherit half of the house.
2. If your father's house was purchased after marrying your stepmother, the house belongs to the joint property of your father and your stepmother, half of the house belongs to your stepmother, and after your father dies, only half of the house is used as your father's inheritance, and the estate is still divided equally among the heirs, that is to say, half of the house is equally distributed to you and your stepmother, then you can only get a quarter of the house in the end.
The second question is that the division of the estate has nothing to do with the name registered on the title deed. It's not that you can't divide the estate without your and your stepmother's names on the title deed.
It's not that your stepmother's name is on the title deed, and she can share the entire estate without your name. But be careful: (I will only say that the results are not written out of the analysis process below).
1. If there is only your father's name on the title deed, analyze it according to my first question.
2. If there are only the names of your father and your stepmother on the title deed, if the house was purchased before the marriage, and your father can only take half of the house as an inheritance, then you can only get a quarter of the house (unless you have evidence that your stepmother has not contributed a penny to prove that the house belongs to your father alone, so that you can get half of the house); If you buy a house and get married, you will only get a quarter of the house. (Unless you can prove that there is an agreement between your father and your stepmother that the property belongs to each other, and your father buys the house with his own property, so that you can get half of the house).
3. If the title deed has the names of your father, stepmother and all three of you. If your stepmother doesn't have proof that you didn't pay for the house, then you would have had a third of the house, plus you inherited one-third and half of your father's one-third, and you would eventually get half of the house.
4. If the title deed only has your and your father's names on it, and the house was purchased before your father and stepmother got married, then unless your stepmother has evidence to prove that the house was purchased by your father alone, you own half of the house plus a quarter of your father's inheritance, and you will eventually get three-quarters of the house. If the house was purchased after their marriage and the title deed only has your and your father's names on it, of course this is unlikely to happen, so I won't analyze it.
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It should be okay, unless your father agrees to transfer his share to your stepmother.
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Yes, because if your biological mother does not indicate in her will that only your father and you will inherit, then the part of your father's inheritance is joint property because it occurred during his marriage to your stepmother.
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Generally, the name of the father and stepmother is written on the property, which belongs to each side in half. If only the stepmother's name is written, it should belong to the stepmother. The former's immediate family can inherit the father's share, while the latter does not have inheritance problems, and the property is the stepmother's personal property
It depends on whether the father gave all the property to the stepmother before his death, or did not declare in the will that the property belongs to the stepmother, if not, then the immediate family has the right to inherit, and the stepmother only has her own share and also has the right to inherit. It depends on the father's wishes, whether there is a suicide note, will, etc., and if not, inherit it in accordance with the law.
1. There are two situations in which the father dies, and only the stepmother's name is written on the real estate certificate. Since the statement is not concrete, we can divide it into the following three situations to discuss.
First, the co-ownership deed of the house has the names of the father and the mother, and now the father has died, leaving only the mother. In this case, the immediate family members have the right to inherit the part left by the father.
Second, the house was owned by the mother during the father's lifetime. The death of the father will not affect the ownership of the property, and it will still be the mother's personal property;
The third type: the real estate certificate only writes the mother's name, and there is no real ownership, at this time, it is the equal inheritance of the immediate family. The father's parents, wife, and children share the property equally.
2. Although our country has an inheritance law, the ownership of property must be subject to the will. As long as there is a will made during his lifetime, or he has done a notarization and so on, indicating the ownership of personal property, then inheritance does not exist. If there is no such thing as a will, then the part of the father's will be divided equally among the immediate family according to the relevant inheritance laws.
It is important to note here that the name on the title deed does not necessarily mean that you have ownership of the property. Under normal circumstances, the real estate certificate has only one name, which belongs to one person, one certificate. Specifically, it depends on whether there is a co-ownership certificate of the house, and if there is, it will be inherited according to the above distribution.
3. It is not recommended to mention it too early, although the stepmother is not our biological mother, but she has formed a family with her father, and she belongs to the mother in the legal sense. Since everyone is a family, it is best not to mention the issue of inheritance too early when dealing with the father's inheritance, so as not to hurt each other's feelings. When my father's affairs came to an end, I was slowly discussing with my stepmother to see how the property would be distributed.
Especially in the case of a dependency relationship, we need to take responsibility for the support of the stepmother, and there is no need to be too clear at this time.
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Yes, after the death of the father, the house belongs to the stepmother, because the two of them are spouses and belong to the direct relationship according to the law.
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Yes. This is because the owner of this house is the stepmother, so after the death of the father, the house is still owned by the stepmother and has nothing to do with the children.
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Is it in the stepmother's name on the title deed, and after the father dies, does the house go to the stepmother? Of course it is, because the property is what your stepmother bought.
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If the house was bought during the marriage between the father and the stepmother, no matter whose name is written, it belongs to the joint property of the husband and wife, and now the father has died, then the father's part of the property belongs to the inheritance, and the father's estate should be inherited by the father's first heir, and the father's first heir is the spouse and the parents and children who inherit together, not the stepmother alone.
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Is the title deed in the stepmother's name, and after the death of the father, does the house go to the stepmother? If the house is purchased after marriage, although it is in the name of the stepmother, it also has the father's share. You have the right of inheritance.
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No, the first in line of succession has the right to inherit, so you can also get a share of the property.
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Title deeds are not for this.
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Your stepmother is just one of the owners of the house.
Because it was purchased after marriage, no matter whose name is in the house registration, it does not affect the fact that it is the joint property of the husband and wife.
If the father dies, if the father does not have a will, it will be handled according to the legal inheritance.
Half of the house is given to your stepmother, and your father's half is divided among your father's heirs, including your stepmother, you, your siblings, and your grandparents.
After your father's death, the house is shared by your stepmother, you and your siblings, and your grandparents. It's not your stepmom who talks about people.
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After the death of the father's personal property, the stepmother cannot get a 50% share of the property, so it should be inherited in full. At this time, it is necessary to confirm whether the father made a valid will during his lifetime, and if there is a valid will, the inheritance should be carried out according to the content of the will. If the father does not leave a will, the legal succession should be followed, and in the case of legal succession, the stepmother and stepchildren are the same as you, and they are the heirs in the first order, so it is recommended that you confirm the actual situation before making further plans.
Analysis and Citation].
1.According to Article 1127 of the Civil Code of the People's Republic of China, the inheritance of the estate shall be 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.
2.According to 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 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.
You, your stepmother, and your stepmother's children are the legal heirs in the same line, and it is advisable to negotiate the succession amicably.
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First of all, the "personal property of the father before marriage" is not only owned by the father personally, but also includes the part of the father's deceased former spouse. In other words, the "father's personal property before marriage" should be divided into two parts, one belonging to the father and the other to his ex-wife.
Secondly, "the father and the stepmother get a license to marry", if the father dies, the stepmother can inherit the part of the property belonging to the father, but this part of the property also has the inheritance part of the biological children who were originally married. In addition, the part of the property that belongs to the father's former spouse cannot be inherited by the stepmother.
Third, if your father's stepchildren have formed a relationship of custody with the father, they can inherit the part of the property that belongs to the father, but if the father and the stepchild have not formed a relationship of support, the stepchild cannot inherit.
Hope mine can help you.
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The father dies and the stepmother has the right to inherit the property before the marriage. Although pre-marital property is said to be the personal property of the father, the spouse is entitled to inherit the father's estate on the basis that the father has not designated an heir after the death of the father. The first person in line to the estate includes the spouse's.
First-order heirs: 1. Spouse. In a legal marriage, both spouses are each other's first-in-line heirs.
2. Parents. Parents include biological parents, adoptive parents, and step-parents who form a dependent relationship. 3. Children.
Legitimate children, illegitimate children, adopted children and dependent stepchildren.
Questions. It was my biological father who passed away.
I know. Questions.
It's my stepmother's legal inheritance.
In this case, your stepmother, your father's parents, and your father's children have the right to inherit and distribute the property.
If there is, the person who is the first in line to inherit has the right to inherit.
Questions. It is the pension of the unit.
The standard for the payment of death pension for employees of the unit: 1. The spouse can receive 40% of the employee's salary every month, and the condition is that the spouse relies on the work-related death of the employee to provide the main living ** during his lifetime, and is completely incapacitated, or the spouse of the employee who died of work-related injury is at least 60 years old for men and 55 years old for women. It is calculated as follows:
Compensation amount of pension for dependent relatives = 40% of the employee's salary (January) 2, other relatives can receive 30% of the employee's salary per month, and other relatives refer to the children, parents, grandparents, grandparents, grandchildren, brothers and sisters of the employee who died of work-related injuries in addition to the spouse.
Dear: I'm so sorry! I can't hear the voice here.
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The stepmother can get a share of the property. Premarital property and inheritance are two different concepts.
If it is a property after remarriage, then the stepmother does not need to inherit it, and directly has half of the property rights. After the father's death, the stepmother can divide the half of the property in the father's name equally with the father's children. Even if the father makes a will, he can only guarantee that his half share will not be given to the stepmother, but the other half is born to the stepmother, and the father has no right to decide.
Now it is the father's pre-remarriage property, then the stepmother herself has no property rights, and the father has 100% property rights. However, when the father dies, the stepmother can divide the property equally with the father's children. Unless the father's will deprives the stepmother of the right to inherit.
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