Legal common sense Who should this estate belong to 20

Inheritance Law, Article 28 When the estate is divided, the inheritance share of the fetus shall be retained. If the fetus is dead at birth, the reserved share shall be handled in accordance with the legal inheritance.

If the fetus dies after birth (including the same day), then the 4,000 yuan is the child's inheritance, which is inherited by the child's heirs, and the inheritance method is legal inheritance; If the child is born and dies, according to the above provisions, it is deemed that the child does not exist, and the 4,000 yuan will be handled according to the estate of Liu's husband, and the legal inheritance.

Article 10 of the Inheritance Law 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.

Therefore, analyzing the above two situations, if the child dies after birth, according to the above provisions, the child's first heir is only his mother, so the 4,000 yuan belongs to Liu.

If the child dies before birth, the 4,000 yuan will be legally inherited according to Liu's husband's estate. There are three first heirs: Liu, Liu's parents.

As for the amount to be distributed among the three persons, according to Article 13 of the Inheritance Law, 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.

If there are no special circumstances, the 4,000 yuan will be divided equally between Liu and Liu's in-laws.

After the child is born, it is dead, and the 4,000 yuan will be divided equally by the other three heirs. If he is born alive and dies shortly thereafter, the property is inherited by his mother.

The Constant World is right.

Equal shares.

Principle. The share of inheritance inherited by heirs in the same order shall generally be equal. Here"General"means roughly the same thing.

However, it is difficult to grasp the equalization of the distribution of some inheritances. However, it may also be unequal by the agreement of the heirs. Heirs who embody the principle of providing for the elderly and raising children who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.

i.e. multi-point legacy. the principle of consistency of rights and obligations, and those who fulfill more obligations are more divided; Those who do less will receive less points; There is no distinction between those who do not fulfill their obligations. Heirs who have fulfilled the obligation of primary support or support for the decedent or who live with the decedent may receive more than one share in the distribution.

On the contrary, if the heirs who have the ability to support the deceased and have the conditions to support them do not fulfill their obligation to support, they shall not divide or divide the inheritance less; The principle of proper care can be given to those who lack the ability to work and have no livelihood other than the heirs who rely on the deceased, or who do not support the deceased more than the heirs. Depending on the circumstances, more estates can be divided. Legal basis:

Article 10 of the Inheritance Law of the People's Republic of China 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 cannot inherit.

If there is no first-order heir, the second-order heir shall inherit. Article 12 of the "Inheritance Law of the People's Republic of China" provides that if a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law or mother-in-law, and a widowed son-in-law has fulfilled the main obligation of support, it shall be inherited in the first order.

Hello: First of all, it is clear what kind of cases will be joined. According to the first paragraph of article 52 of the Civil Procedure Law, where one or both parties are two or more persons, and the subject matter of the litigation is common, or the subject matter of the litigation is of the same type, and the people's court finds that it can be tried together with the consent of the parties, it is a joint litigation.

Therefore, it depends on what the two lawsuits are, and they are not necessarily combined.

Secondly, if the court joins the trial and the plaintiff wins the lawsuit and forms two claims, as long as they are equal and there are no other issues such as priority (for example, the mortgage right has priority over the creditor's rights), then it will be repaid proportionally (for example, if the defendant has 500,000 yuan, owes A100,000 yuan, and owes B900,000 yuan, then it will be repaid to A50,000 and B450,000). ）

Thirdly, if the trial is not joined, then there is definitely a risk that the person who sues later will not get the money. What should I do in this case, the person who sues first can apply for pre-litigation property preservation at the time of filing; If the previous case has already entered the enforcement stage, an enforcement objection may be filed.

Finally, the law does not protect the lazy in their rights, and it is advisable to sue as soon as possible.

If the owner of the property has made a will during his lifetime, it will be inherited by will, and if not, it will be inherited by law, generally in the order of the first heir (partner, children, parents of the deceased).

The spouse and children are the first, the parents and brothers are the second, and the others are the third, and there is no first before it is the second and third.

Look at the will first, and if you don't have it, follow the order of inheritance.

Inheritance is carried out in the order of succession of the heirs, and if there is a will, it is inherited according to the will.

Legal Analysis: (1) An estate occurs based on the death or declaration of death of the decedent, and there can be no inheritance without the fact that the decedent died or was declared dead. (2) Inheritance refers to certain civil rights and obligations that are transferred to the heirs that are not extinguished by the death of the decedent.

3) The inheritance is transferred to the heirs in a lump sum in a single and direct manner.

Legal basis: Article 1122 of the Civil Code of the People's Republic of China An estate is a personal lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Legal Analysis: The division of the estate in the law is as follows: 1. Equal distribution of shares:

The share of inheritance inherited by heirs in the same order shall generally be equal. However, if it is difficult to divide the inheritance equally, it may not be equal after the consensus of the heirs; 2. Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance; 3. Heirs who have fulfilled their main maintenance and maintenance obligations to the deceased or who live with the decedent can receive more points when distributing Tanara; 4. For those other than the heirs, who lack the ability to work and have no livelihood other than the heirs, or those who support the decedent more than the heirs, they can be appropriately distributed to the inheritance Minshen.

Legal basis: Article 1127 of the Civil Law of the People's Republic of China The inheritance shall be carried out 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.

If he dies after birth, it will belong to Liu.

If he dies in the womb, it will be handled in accordance with the estate of Liu's husband and in accordance with the legal inheritance.

The share of 4,000 yuan should be returned to Liu.

If the fetus dies at birth, the 4,000 yuan reserved for the fetus shall be divided equally among the three people.

The old man gave the house to the third child before his death, and took the pension as a condition, which is regarded as a gift with obligations. If the wife and children of the third child do not have the obligation to provide for the elderly, the old man can revoke the gift and ask them to return the house.

Whether the eldest son and the second son can get real estate for the elderly depends on the meaning of the elderly. After all, it is a legal obligation to support the elderly. If the elderly still say that whoever provides for the elderly will get the house, then the party responsible for the pension can get the whole house.

If the elderly person does not intend to give the property to any person, it will be handled according to the legal inheritance after his death. The children of the eldest son, the second son, and the third son each received one-third. Those who have fulfilled their obligation to support may claim more points, and those who do not fulfill their obligation to support may receive less or no shares.

First, I would like to correct the remarks made by some of the following people.

The house is the joint property of the husband and wife, and half of it is divided into three daughters-in-law, and the remaining half of the house is inherited equally by the elderly, the three daughters-in-law and the children of the three daughters-in-law.

2. Some people say that "the elderly can revoke the gift". This is wrong. Article 186 of the Contract Law of the People's Republic of China clearly stipulates that the donor may revoke the gift before the transfer of the right to the donated property.

Note that it is "before the transfer of rights to the property". In this case, the right to the house has been transferred and has been transferred to the third son, so the gift cannot be revoked.

1. Children have a legal obligation to support their parents, and children have no penny of inheritance, but also to support the elderly, which is a legal obligation.

2. The widowed daughter-in-law has no statutory obligation to support the elderly.

3. The current house is the joint property of the three daughters-in-law and the couple. Now that the third son has died, he will inherit according to the legal inheritance. First divide half of the property to the three daughters-in-law. The remaining half of the house is inherited equally by the elderly, the third daughter-in-law and the children of the third daughter-in-law.

4. Attention! The house is now the joint property of the husband and wife of the third son, not Lao Tzu. The other sons have no right to inherit.

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

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

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

Since the old man has transferred the house to the third son, the house belongs to the third son. If the third son is married at the time of the house, the house is the joint property of the third son. Therefore, in the unfortunate case that the third son died without leaving any will, the house was jointly owned by the old man, the third daughter-in-law and his children (the proportion of property rights was different).

The wife of the third son has no purely legal obligation to support the elderly.

If the eldest son or the second son does not come back to raise the elderly, he can inherit the part of the property rights belonging to the old man in accordance with the provisions of Article 10 of the Inheritance Law.

The part of the property owned by the elderly, depending on the property of the property, varies in size:

When it is owned by the third son, the old man has 1 3 ownership of the house.

When the husband and wife belong to the third son, the third daughter-in-law owns 2 3 property rights of the house, and the old man owns 1 3 property rights of the house (for example, the third son has only one child).

No, inheritance has nothing to do with maintenance.