My mother s house, is it the same inheritance as my half brother?

Updated on society 2024-05-11
6 answers
  1. Anonymous users2024-02-10

    After the death of the father, the estate is inherited by his spouse, children, and parents, and the stepchildren who have a dependency relationship belong to the first order of heirs, and the inheritance rights are the same as those of the biological children.

    According to the Inheritance Law of the People's Republic of China:

    Article 9 Men and women are equal in inheritance rights.

    Article 10 The inheritance shall be carried out 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.

    Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

    Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.

    Article 13 The share of inheritance inherited by heirs in the same order shall generally be equal.

    Heirs who lack the ability to work who have special difficulties in life 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 14 Appropriate inheritance may be distributed to those other than the heirs who lack the ability to work and do not have a living who are dependent on the support of the deceased, or those who do not support the deceased more than the heirs.

    Article 15 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.

  2. Anonymous users2024-02-09

    I don't know if your brother was 18 years old when your parents got married, but if your mother raised him, then your brother and your mother formed a step-parent-stepchild relationship, and your brother has the right to inherit your mother's property. If your mother does not want to leave her property to her stepson, she can make a will to dispose of her property.

  3. Anonymous users2024-02-08

    He only had his father's share.

  4. Anonymous users2024-02-07

    Legal analysis: inheritance needs to occur when the decedent dies, therefore, first of all, the parents die, secondly, the real estate is registered in the name of the parents, and thirdly, it is necessary to participate in the inheritance with other heirs, including the parents of the parents and their own siblings, and it is necessary to provide the parents' death certificate, real estate registration certificate, and proof of kinship with the parents.

    Legal basis: 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) 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. If there is no first-order heir, the second-order heir shall inherit.

  5. Anonymous users2024-02-06

    Not entitled to inherit your father's property, but can inherit your mother's property.

  6. Anonymous users2024-02-05

    After the commencement of inheritance, if there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement, and if there is no above, it shall be handled in accordance with the statutory inheritance.

    Secondly, children born before marriage generally enjoy the legal right of inheritance to the mother's property, and whether they have the right to inherit the property of the stepfather depends on whether the stepparent-child relationship of legal support relationship has been formed.

    Under the premise that testamentary succession is established and effective, the father can express his will on the ownership of the estate by will, whether he is willing to be inherited by the son of your mother and ex-husband, but if he and your father have formed a maintenance relationship, he lacks the ability to work and live, if the father disposes of his property by will, he will not inherit it, In accordance with the law, an appropriate share should also be reserved for them, and the remaining part should be inherited in accordance with the principle of distribution in the will.

Related questions
6 answers2024-05-11

Mom blamed you wrong, why? Because of what kind of things? First of all, you must know one thing, that is, your mother is the person who loves you the most in the world, there is no doubt about this, so when you have something, you must communicate well with your mother, so that your mother believes in you, and not gets angry here. >>>More

9 answers2024-05-11

In fact, it is said that mother's love is the greatest, after all, your mother gave you life, some things are still necessary to endure, I don't know what your family, your father and grandparents have attitudes, and grandparents, since you are also independent, you can also not rely on your mother, just go out by yourself, what are the troubles to talk to your confidant, or have your own way of venting, in fact, I would rather believe that there is no mother who does not love her children, she looks for you after all, she has you in her heart, no matter how you say that you are also the meat that fell from her body, If there are no mistakes in principle, forgive your mother, find a way to vent that suits you, and don't quarrel with your mother. Well, personal opinion, if you really can't stand your mother, don't see it, the road is your own.

13 answers2024-05-11

This is a parent's concern for their children, out of care. It is also because you are personally afraid of marriage due to the influence of your family, but in fact, marriage is not as bad as you think, the main thing is to find the right person. You can try to talk about love first, it's good for you and your family, real love doesn't matter if you're a silk girl or not, the important thing is that you have each other in each other's world.

14 answers2024-05-11

Hello: Considering the cervical spondylosis, it is recommended to go to the hospital for cervical spine CT examination, cervical spondylosis is a chronic degenerative lesion of the cervical spine, which belongs to aseptic inflammation, injection and medicine can not eliminate aseptic inflammation, it is recommended to use traditional Chinese medicine plaster external paste method, plaster has the effect of strengthening muscles and bones, promoting blood circulation and removing stasis, reducing swelling and relieving pain, which can not only control and prevent the development and deterioration of osteoarthropathy, but also the patient is not easy to do. Safe and unavoidable, the most ideal** method. >>>More

50 answers2024-05-11

Your behavior must have been sad for your parents. One is that you have to apologize, you can recognize your mistakes, and your parents will be relieved and feel that you are much sicker; The other is that you have to accept from the bottom of your heart that things like destroying objects and hitting people are stupid behaviors, but don't be a burden. If you can't do it, you have to continue to take medicine, but you should try to refrain from it, and medicine can only play an auxiliary role. >>>More