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How old are you, if you are over 22 years old, and your father's last wish is to leave all his estate to his wife (provided that there are reasonable and proper procedures for the legal wife), and the old man's will should be followed. If you are under the age of 18, you should negotiate with your stepmother to claim basic expenses such as living expenses and education expenses, because she inherits the husband's maintenance obligations along with the inheritance. In the case of the former, if the stepmother did not have reasonable formalities with the father, whether the father had written agreement or other literal evidence on his deathbed, the relevant institution may apply for arbitration if the negotiation fails.
It depends on the specific situation, and you can ask additional questions if you have any questions.
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If your father's will is a true expression of your father's intentions, then the will is valid.
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Valid testamentary succession takes precedence over statutory succession, so your father's will is valid. You have the right to inherit property other than $30,000 and cash.
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According to Article 10 of the Inheritance Law of the People's Republic of China, legitimate children, illegitimate children, adopted children and stepchildren with a dependent relationship are all legal first-order heirs. Therefore, in this case, the children have the right to inherit.
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Children have the right to inherit! After deducting your father's and your stepmother's joint property, you and your stepmother inherit the rest!
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A will is higher than a legal succession, so if your father has the right to do so, you can no longer inherit it.
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A: The children have the right to inherit 30,000 cash and property outside the property
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Analysis: First of all, for the distribution of the estate of the first deceased, his property should be divided into these parts:
1. Premarital property (i.e., personal property) The personal property of the husband and wife mainly includes the premarital property of one party; Medical expenses, living allowances for the disabled, and other expenses received due to bodily injury to one party; Property that is determined in a will or gift contract to belong to only one of the husband or wife; Daily necessities and other property that shall belong to one side for the exclusive use of one side.
2. Joint property of husband and wife, (joint property mainly refers to the property obtained by husband and wife during the existence of marriage unless otherwise agreed, including: wages and bonuses; income from production and operation; proceeds from intellectual property rights; Property acquired by inheritance or gift, etc. )
3. Now it is a matter of distribution, your grandfather's joint property of husband and wife will be divided by your grandfather and grandmother in half, and divided equally. Your grandfather's personal property and one-half of the marital property are legally inherited (because there is no will).
The legal inheritance property shall be distributed according to the following, and the property shall be divided into equal shares for each person. (The children of the heirs, regardless of gender, married or unmarried, have equal inheritance rights).
In the following circumstances, fewer or more points may be scored.
1) Adult children who have the ability and conditions to support but have not fulfilled their maintenance obligations shall not be divided or less in the distribution of their parents' estate.
2) Abuse, abandonment of parents.
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First, the inheritance of the estate, the law is very clear: if the parties have a will during their lifetime, the will shall prevail, if not, the inheritance shall be carried out in the legal order, and the parents of the deceased (including adoptive parents and stepparents with a dependent relationship), children (including adopted children and stepchildren with a dependent relationship), and spouse (regardless of the first marriage, as long as there is a marriage registration certificate) are the legal first heirs of the estate, and after the inheritance begins, the heirs in the same order should distribute the estate in equal amounts in principle.
2. Scope and order of legal heirs:
Article 10 The inheritance shall be inherited in the following order:
First order: spouse, children, parents.
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. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.
The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
3. Principles of inheritance law on the distribution of inheritance:
1) Under normal circumstances, the share of inheritance shall be equal for heirs in the same order. That is, each heir shall distribute the inheritance roughly equally under the condition that the obligation to support the deceased and their respective economic conditions and working abilities are roughly the same.
2) Under special circumstances, the inheritance may be distributed unequally.
1) Heirs who have special difficulties in life and lack the ability to work shall be taken care of.
2) Heirs who have fulfilled their main obligation to support the decedent or who live with the decedent may receive more dividends when distributing the inheritance.
3) If the heirs who have the ability and conditions to support do not fulfill their obligation to support, the inheritance shall be distributed without or less. However, although the heir has the ability and conditions to support and is willing to fulfill the obligation to support, because the decedent has an independent life**, it is clearly stated that the heir is not required to provide living and labor services; In the case where the deceased really needs to be supported by the heir, and the heir is willing to support him, but the heir himself is a person who has special difficulties in life and lacks the ability to work, and therefore is unable to fulfill the obligation to support the decedent, the share of the inheritance due to them cannot be cancelled or reduced when the inheritance is distributed.
4) It may also be distributed unequally if the heirs agree through consultation. The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance.
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50% of your grandfather's will belongs to everyone, and 50% of your grandmother's will belongs to your father, I hope it will help you
Go to the notary office for notarization, and they will reminisce about your solution. If there is a dispute, the people's court needs to adjudicate it.
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There is a problem, the property should be the joint property of your grandparents, and if your grandfather does not divide the inheritance after his death, your grandmother will directly make a will and has no right to dispose of your grandfather's half share.
The Will should be a partially valid and partially invalid Will, which is partially valid within the scope of your grandmother's estate and can be inherited by your father in accordance with the Will. And for your grandfather's part, your father's other siblings have the right to ask for a partition.
If there are two wills with contradictory contents, if there is a notarization, the notarized one shall prevail, and the notarized one shall prevail, and the one written later shall prevail.
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To clarify, the house belongs to your grandparents, which means that your grandparents own half of the property. Your grandfather did not make a will, so his half was inherited by the first heir, his wife and children, and your grandmother gave her share to your father, which means that your father only owned the majority of the property. Your father's siblings still have the right to divide the property, and as for the two wills you mentioned, if your grandfather did not say that the property would be given to your father but that the children would divide it equally, then the result would still be the same.
Because he only owns half of the property, and your grandmother's is already for your father.
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That is true. Let's do it chronologically.
After the death of the grandfather, the property is divided, half for the husband and wife, and the remaining half is inherited by the grandmother and children.
Your grandmother's will disposes of her share of the property, which means that your father's sister still has the right to inherit. But if they don't fulfill their filial piety, and the circumstances are serious, they can be divided less or nothing.
If there is no will, the grandmother's share is divided equally among the children. It is equivalent to that the property rights are equally divided by the children.
In the case of a will, on the premise that both copies are valid, the later will shall prevail. Further, if the two wills are different, the previous will will be considered after the disposition of the later will.
Your question is not specific enough.
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Cases like yours are more common, and I first hope that your relatives can handle them properly, and don't affect the flesh and blood relationship because of the problem of money. How to deal with it, I will summarize it for you as follows:
Clause. 1. Inheritance rights are equal between men and women, so your father's sister has the right to inherit.
Clause. 2. The property belongs to the joint property of your grandfather and grandmother. If your grandfather died five years ago, half of the property becomes your grandfather's inheritance, and your grandmother, father, and aunt should each receive a share in accordance with Articles 10 and 25 of the Inheritance Law. If your grandmother died 3 years ago and she left a will and the property has been disposed of (only your grandmother's own property, including inheritance from your grandfather), then testamentary succession is preceded by statutory inheritance, so your grandmother's property should be inherited by your father.
Clause. 3. To put it simply, your grandmother's estate belongs to your father, and your grandfather's estate is divided equally between your grandmother and your aunts.
Sisters, how many can succeed in a relationship I'm a girl I dare to admit my past, because the past is also what I love with my heart Although the ending is not what I want, who wants to break up, who wants to change boyfriends We have all worked hard, such a past, I think a good man should not mind My current boyfriend is a very good person, and we have had a past before When I wasn't together at the beginning, I often used him as a buddy to talk about my experiences in past love, including happiness and hurt So he knows everything I think this question is divided Like some men like to ask everything after they know it, and some like not to ask at all I think, it's better to be frank, at least, I confess my past, and now he not only doesn't blame me, but loves me more Maybe it's because I was hurt once, so he loves me more Sister, you must remember that if your previous relationship is really loved with your heart, then don't feel ashamed, it's nothing Believe me
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