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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.
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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.
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He only had his father's share.
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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.
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Not entitled to inherit your father's property, but can inherit your mother's property.
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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.
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