What happens when the stepmother gives all the property to the stepmother and the father s daughter

I think that if your father does not make a will, then you also have the right to share the inheritance, because among the first people in the inheritance of property, the father's parents, spouse, and children all have a share in the inheritance, and it is illegal for your stepmother to do so, and you can solve it through legal means.

If your father left a will, then divide the estate according to testamentary succession, and if there is no will, then according to statutory inheritance, you can divide the estate with others as the legal heirs in the first order.

The distribution of property depends on the will, and if your father left a will saying that he would give it to you, then you will definitely get it. And from a legal point of view, children are also the heirs of the estate.

His estate after the father's death From a legal point of view, the stepmother and all his children have the right to inherit, if he gives all the property to the stepmother's daughter, what he is doing is not right, you can sue him in court.

This depends on whether the father has a doctor's will before his death, and if he has a will, he will follow the will. If not, the property will be distributed according to the legal heirs, and it will be necessary to file a lawsuit in court for a judgment.

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If you are a father, you have the right to inherit your father's estate, in this case, you need to consult a professional lawyer.

The first step is to confirm whether your father has a will, and if there is a will, the proportion of property division shall be handled according to the will.

Step 2: If there is no will, confirm whether your father's house was purchased before or after your stepmother's marriage.

Provisions in the Law on Marriage on Community of Family Property:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

It is mainly acquired during the marriage relationship after the marriage is registered, and the scope includes:

1) Salary and bonus;

2) income from production and operation;

3) income from intellectual property rights;

4) property acquired by inheritance or gift;

5) One-time expenses such as demobilization allowance and self-employment allowance in the name of the soldier;

6)**, bonds, investments**, etc. are valuable**;

7) The amount of capital contribution, shares and sole proprietorship of the company.

If the property of the father and the ex-wife (who died of illness) is not divided, then the pre-marital property of the father and stepmother belongs to your father and the ex-wife, and the father has no right to dispose of all the property of the ex-wife, and the property of the ex-wife is divided equally among the children.

The father and the stepmother have half of the joint property after marriage. The remaining half is inherited by the stepmother and the children.

Inheritance of children: After deducting half of the marital property between the mother and the father, the father and the children will share the part equally After deducting half of the marital property between the stepmother and the father, the stepmother and the children will share the part equally.

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Inheritance: According to Article 5 of the Inheritance Law, after the commencement of inheritance, it shall be handled in accordance with the statutory succession; 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. If there is no will, then the inheritance should be handled in accordance with the statutory succession.

According to Article 10 of the Inheritance Law, the inheritance shall be 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. According to Article 13 of the Inheritance Law, 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. Collapse.

If the decedent dies and leaves a will during his lifetime, he shall inherit according to the will, and if there is no will, he shall inherit according to the law. First order: spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.

Article 1127 of the Civil Code The inheritance of inheritance 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. 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.

"Family property" is not equal to your father's estate. Your father's property before the time of his marriage to your stepmother is undoubtedly your father's personal property and falls within the scope of the estate; The property acquired by your father after his marriage to your stepmother belongs to their joint property, and your father is only entitled to half of it; The property purchased by your children at your children's expense belongs to the children. Once the scope of your father's estate has been determined, it will be inherited jointly by your stepmother, children, and your father's parents (if they are still alive).

Stepmom divides it in half first. The remaining half is squared by the stepmother, the children and the father's parents, and if the stepmother brings the child, the stepchild also has a share.

When the father dies, all his estate is inherited by his spouse and children, and the stepmother, as the father's legal husband and wife, should divide the estate proportionally.

If there is a will, then it will be executed according to the provisions of the will, and if there is no will, then if the co-owner has the name of the stepmother on the real estate certificate, then half of the house belongs to the stepmother's property, and the other half of the property is inherited by everyone and other property, which can be negotiated or sued.

When the father dies, the stepmother and the children should divide the property in half, and the remaining children should be divided equally.

When the father dies, the stepmother and the children have the right to inherit and are the first in line of succession.

It should be the stepmother who shares it with you, it seems to be lonely, a little more than you, and a little bit can't be much, because your parents belong to the first heir, because the two of them are legal husband and wife, are they registered? If you don't register, you won't have anything to do with him, and if you register, you won't be able to, and you'll be protected by the law, no way, divide it equally!

If this house was left by your biological parents. When your father dies, you will inherit the house. Because this is your stepmother's pre-marital property, what does it have to do with them?

If it is their property after marriage. This house has your stepmother's share, you see this house is a fairy. Head Property or Marital Property?

You'll know how to distribute it.

Generally, there is no will, and this kind of thing has to be discussed to be distributed!

If there is no will, it will be carried out according to the legal inheritance, and the stepmother and the stepmother are the first in line of succession, and in principle, it is divided equally. That is, in addition to the personal property before the marriage, the other half of the joint property of the husband and wife is the inheritance, which is divided with the stepmother. Statutory succession is a form of inheritance other than testamentary succession in which the estate is transferred to the heirs in accordance with the direct provisions of the law.

According to the provisions of the Civil Code of the People's Republic of China on the division of common property and personal property, if the salary, bonuses, income from production and operation, and intellectual property rights during the existence of the marital relationship belong to the joint property of both parties, the stepmother has half of the inheritance rights, and the two have half of the inheritance rights. After the death of a citizen, if the inherited real estate belongs to the personal property of the citizen, it shall be jointly inherited by the citizen's wife (which must be registered in accordance with the law), parents and children, and in principle, it shall be divided equally. 1. If the inherited property belongs to the joint property of the citizen and his wife, the remaining half shall be divided equally by the wife, parents and children of the citizen, except for the half due to the wife.

2. When the property is divided, the house is difficult to divide and live in, and it can be divided by means of economic compensation. In the case of marital property, the stepmother has half of the property, the children share the other half, and the pre-marital property belongs to the individual. In the event of the death of the father, the stepmother and the son also have the right to inherit and belong to the personal property of the father during his lifetime, the son and the stepmother jointly divide it equally, and the stepmother's joint property after marriage, half of which is the inheritance, the son and the stepmother jointly divide it equally, and the other half belongs to the stepmother's general equal distribution.

Only the property left by the father is divided, and the joint property of the stepmother and the father and the personal property of the stepmother cannot be divided.

For this question, I think that if your father knows that he has passed away, how will the stepmother and children divide the property, first look at this, how did the property come about, whether it is their pre-marital property, or is it joint property, this is different, for example, pre-marital property, this should be inherited by you, then the joint property, you and her daughter, jointly inherited, then it means that this should also be divided into first-order heirs, his first succession, should be his friends, and then their children, that isIf you inherit this property, the first one, he deserves a share, his stepdaughter, a share, and then you are, a share for yourself, this is the procedure for inheriting property, which is also prescribed by law. But this should be divided into urban and rural areas, if the city, this property can also be divided into three parts, if it is in the countryside, this property property should be, give you empty Mengxin, because you are a boy, then according to the regulations of the countryside, as long as the man reaches the age of 18, you can give you a homestead, so who is the name of this Zhai Bureau at the beginning, if it is your name, it is yours, because in the countryside, even if the girl grows up to 18 years old, 20 years old will not give her the homestead bucket wheel, so this homestead should be yours. Let a picture of your parents asking for property, is there still a two-room companionship?

It can be divided equally by three points, if it is a debt, there are three people to bear it together, for example, 1 million is given, then one point is 330,000 points, this debt to bear, that is to say, when dividing property, you can't only divide the property without dividing the debt, but also can be divided, three people to bear it together, on this issue in general, the law is quite clear, that is, the poor monks of the museum or? Regardless of whether you are a biological child or an adoptee, then both property and debt are jointly bearable

If the father dies, how to inherit the father's estate depends on the actual situation.

After the father's remarriage, the father's estate is made up of the father's personal property before the marriage plus half of the joint property of the husband and wife after the remarriage (the other half belongs to the stepmother). The father's estate is inherited by the father's heirs:

1. Testamentary succession.

If the father made a will during his lifetime, he will inherit it according to the heirs named in the father's will. There is no source in the father's will, and other legal heirs who are included in the designated inheritance are not entitled to inheritance;

2. Statutory succession.

If the father did not make a will during his lifetime, it will be handled according to the legal inheritance, that is, it will be inherited by the legal heirs of the father's estate, that is, it will be inherited by the stepmother, children and grandparents after the remarriage of Chai Peng.

The share of inheritance can be negotiated or divided equally, and if the negotiation fails, the equal distribution is also disputed, and the inheritance can be sued to the court.

In the event of the death of the father, the father's first heir, spouse, children and parents, and the stepmother shall inherit the estate jointly with the spouse and children.

Look at whether the property is a personal property or a joint property of the husband and wife, and if the personal property is a personal property, the stepmother and several children share it equally; In the case of joint property, half of the property goes to the stepmother, and the remaining half of the recipient's stepmother is divided equally with the children.

When the father dies, then the father's property belongs to the widow's group, and is inherited by the father's first heir or spouse, children and parents, and the stepmother inherits the property together with the children. The band does.