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If you have a will, of course, you will follow the will, and if you don't have it, you can consider dividing it equally. Divide the house into 5 cents according to the market value, calculate the share that everyone should get, and then agree that the house is owned by someone, and that person will return the cash. If some of the children are minors or have a difficult life, or are very filial to the elderly, and others approve of them, you can share more.
Legally, an adopted daughter, as long as she is formally adopted, has the right to claim a share of the inheritance. In the end, no matter how important money is, it is not as important as family, more money is better, and more importantly, family harmony and people's safety.
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If there is no will, it is inherited by the children, including the adopted daughter, and divided equally.
Zongheng Legal Network-Guangdong Jitang Law Firm-Wei Feng lawyer.
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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.
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1. If the real estate certificate only has the names of two people, it belongs to the joint property of the two old people, and each person has half of the property rights; If the property is accompanied by the son's name, the property registered in the son's name belongs to the son's personal property and is not the joint property of the parents.
2. If the old man who dies first does not have a will, his or her part of the property rights shall be divided equally by all the legal first-order heirs in accordance with the legal inheritance stipulated in the Inheritance Law, and the heirs include: spouse and children;
3. The will of the deceased old man can only dispose of the property belonging to his share, but cannot dispose of the property right share of his deceased wife;
4. For the property that belongs to the property rights of the elderly, the elderly have the right to make a will according to their own wishes, and the will that complies with the law has legal effect.
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Hello! 1. On the question of whether the property can be used as an inheritance. The ownership of the property is subject to registration, and the registered owner is free to dispose of his property according to his own wishes.
1) If, as you said, the property is registered in the son's name, then the property does not belong to the old man's property, and there is no question of inheritance from the old man. 2) In the case of joint property of the husband and wife, either spouse can only dispose of half of the share that belongs to him/herself. 3) If it is the personal property of one of the spouses, the owner can completely dispose of the property and determine the heirs by making a will.
2. On the issue of heirs. According to the provisions of China's inheritance law, there is a will to inherit according to the will, and if there is no will, the inheritance is in accordance with the legal inheritance, that is, the spouse, children and parents jointly inherit.
3. On the issue of inheritance shares. According to the provisions of China's inheritance law, 1) under the testamentary inheritance method, the distribution of property shall be determined according to the content of the valid will. 2) Under the statutory inheritance method, the share of the inheritance inherited by the 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.
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Property rights are generally subject to registration on the title deed.
After the death of the elderly, the part belonging to the elderly can be handled in accordance with the legal inheritance.
The elderly can make a will to dispose of their real estate, and if they do not make a will, they will be handled in accordance with the legal inheritance.
Suppose the property is the joint property of two old people, half of the old lady's property can be divided into four parts, one for the wife, and one for each of the four children.
The elderly can only make a will to dispose of their own part, and if the children contribute money when buying a house, it can be regarded as a loan.
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For your question, you should first consider whose name the property is registered in, and then consider the issue of inheritance.
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Hello! If the old man wants to give the house to his son, he does not need to write an agreement, he just needs to write a will; If there is no will, it will be handled according to legal inheritance, and if the house is the joint property of the husband and wife, then half of the house is the inheritance, which is divided equally among the wife, sons, and parents.
Lawyer Wang Yuqin.
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The property is divided equally according to the joint property of the husband and wife, and the wife inherits 1 2, and the remaining 1 2 is divided equally between the wife, sons, and parents. The premise is that the ownership of the property is part of the joint property of the husband and wife. In the case of pre-marital personal property, it is divided equally among all heirs.
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If the house is the joint property of the decedent husband and wife, then half of the value of the house will be inherited by the above people in equal proportion, the wife's remarriage will not affect the inheritance, if you want the house to belong to the son, others can go to the notary office to do a notarization, give up the inheritance, and then change the real estate title certificate If you write an agreement, the old man can write on it that the share of the property obtained will be inherited by the son after a hundred years, and you can sign it.
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to be negotiated by all heirs; After that, write it down and sign it.
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It is not enough to have some, it is better to transfer the title during the lifetime, and the real estate is subject to a registration system.
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Do the parents have any other children?
If your parents are willing, you can go to a notary office to have your will notarized.
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Wife, son, and parents are the legal first-order heirs.
The principle of inheritance distribution: under normal circumstances, the share of the inheritance of the heirs in the same order should be equal, and the inheritance share of the heirs in special circumstances may not be equal.
1. Heirs who lack the ability to work and have special difficulties in life shall be taken care of when distributing the inheritance.
2. Determine the share of the inherited estate according to the heir's fulfillment of the maintenance obligation.
3. The heirs can agree through negotiation, or it can be unequal.
If the property is the joint property of the husband and wife, the joint property of the husband and wife is divided first, and the husband and wife share it equally, and then the remaining property is owned by the wife, son and parents, and the specific distribution method can be divided equally, or the four people can negotiate according to the actual situation.
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