The old man has passed away, leaving a house, how should it be distributed?

Hello. First of all, it depends on whether the elderly person has separate ownership of the property, if the property belongs to the joint property of the husband and wife, then the deceased old man and his spouse are half of the person, and half of the deceased old man is the divisible part.

Secondly, according to the relevant provisions of the Inheritance Law, among the three inheritance methods, the most effective is the bequest and maintenance agreement, followed by testamentary succession, and finally statutory inheritance. If the old man has entered into a bequest and maintenance agreement with another person during his lifetime, then the property belongs to the party who has fulfilled the obligation to support the old man before his death, and if not, it depends on whether the old man has made a will. Wills with wills take precedence.

Finally, if there is no will, it is in the form of statutory succession. The various heirs can negotiate the division of the property. If there is an agreement, according to the agreement, and if the agreement is not reached, the heirs shall divide it equally according to the order of first priority, that is, spouse, parents, and children.

If there is no first heir, it will be postponed to the second in line (i.e., siblings, grandparents, maternal grandparents), and so on.

In practice, if one of the heirs lived with the old man during his lifetime and had a major obligation to support the old man, he or she could claim a share of the property, which would basically be supported by the discovery. However, the heirs who have entered the primary maintenance obligation should provide the corresponding evidence to prove it.

If there is a will, it shall be in accordance with the will, and if there is no will, the testamentary maintenance agreement shall be in accordance with the agreement, and if there is no will or testamentary maintenance agreement, the legal inheritance system shall be negotiated and distributed, depending on the expression of intent between the spouse and children of the elderly.

Legal analysis: The distribution and inheritance of real estate is not determined by household registration, as long as it is a child (including legitimate children, non-silver deferred children, stepchildren, and adopted children), the inheritance can be distributed. You don't need an account.

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.

Legal analysis: When the decedent dies and the heir inherits the estate, the following steps are generally followed: (1) if the decedent signs a bequest and maintenance agreement during his lifetime, the dependents will obtain the inheritance according to the agreement; (2) If the decedent made a will in accordance with the law during his lifetime, the estate shall be distributed according to the will; (3) If the deceased has not made a will or bequest and maintenance agreement during his lifetime, his estate will be inherited by his legal heirs in accordance with the law in the legal order.

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. Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance. 3. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may divide the inheritance more when distributing the inheritance. 4. If the heirs who have the ability and the conditions to support do not fulfill their obligation to support, the inheritance shall be divided without or less.

How the property is distributed after the death of an elderly person in the family.

Hello, after the death of the old man in the family, if there is a will, you need to distribute the property according to the will, if there is no will, you should inherit the property in accordance with the order of legal inheritance, the first order is the spouse, children, parents, the second order is the siblings, grandparents, maternal grandparents, the same order of the heirs can slowly divide the remaining estate.

Hello, according to the relevant laws and regulations: 1. The share of the inheritance inherited by the heirs in the same order should generally be equal. 2. Heirs who have special difficulties in living late and lack the ability to work shall be taken care of when distributing the inheritance.

3. The heirs who have done their main duty to support the decedent or live with the decedent may receive more dividends when distributing the inheritance. 4. If the heirs who have the ability and the conditions to support do not fulfill their obligation to support, the inheritance shall be divided without or less.

If the heir dies, does the grandson or daughter-in-law have the right to support the elderly?

Hello, yes, the son passed away, and the grandson who could afford it was obliged to support the elderly.

They didn't, but waited for the old man to die and divide the house.

Hello, these situations can be pointed out when dividing the property, and the corresponding evidence is presented to ask for a small share of the property, and the hole stockings that do not fulfill the obligation to support the spine are not divided, and when the inheritance is distributed, Sakura should not divide or divide less.

He said he wanted 4 and 6 points for my dad, and he asked for less.

Hello, if you are dissatisfied with the division of the estate, you can collect relevant evidence and go to the court to be cautious about which hole to file a lawsuit, and the court can give a fair slow bench judgment according to the actual situation.

Like this, I need to gather some evidence first, they don't support the elderly, this is known to the whole family or the whole village, the neighbors know too well.

Hello, for example, the testimony of the relevant person, your request for maintenance is a record of the other party's refusal, ** recording, etc. are all OK.

This is not, the elderly have to rely on their own autism, and the old man doesn't really want to be with him on the stool, but you can make something to eat every day and send it, now for the New Year's holiday, don't even go to the side, is there anything else besides these?

Hello, there is no more effective way to transfer the property, because if you have an objection to the division of the property chain, you need to guess that you have to come up with all relevant evidence or evidence, otherwise the court has no basis for how to decide?

The distribution and inheritance of real estate is not determined by household registration, as long as it is a child (including legitimate children, illegitimate children, stepchildren, adopted sons and daughters), the inheritance can be distributed. You don't need an account.

1. What are the conditions for the heir of the first inheritance of real estate?

The legal provisions of the first heir of real estate include spouse, children, and parents, and it is for the second order of heirs. Among them, the right of inheritance of spouses is equal for both men and women; Children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren; Parents include biological parents, adoptive parents, and dependent stepparents.

2. Whether the stepson can inherit the property.

According to the provisions of the Civil Code of the People's Republic of China, children brought by remarried families who form a stepparent, stepchild relationship and support relationship have the right to inherit. Those who do not live with their stepparents and have not formed a relationship of support are not legal heirs and may inherit the estate according to their will. If there is no step-father relationship and there is no will, it cannot be inherited.

According to the legal succession, the first legal order of succession is: spouse, children, parents, of which children include legitimate children, illegitimate children, dependent children and dependent stepchildren, so stepchildren also enjoy the right of inheritance and can distribute the inheritance according to law.

3. How to distribute the estate after the death of the husband.

When the husband dies, the estate is generally distributed according to the will. According to the provisions of the Civil Code of the People's Republic of China, the inheritance shall be carried out 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. The term "children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a relationship of support.

Article 1123 of the Civil Code of the People's Republic of China 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; If there is an agreement on bequest and maintenance of the bridge, it shall be handled in accordance with the agreement.