How to distribute the inheritance after the father dies after remarriage

Legal analysis: The estate of the father's remarriage and death shall be distributed in accordance with the father's will. If there is no will, the inheritance shall be carried out in the order of legal succession.

The heir in the first order is the father's current spouse;biological children, stepchildren who form a relationship of support;My father's parents are also my grandparents. The second in order of heir are siblings, grandparents, and maternal grandparents.

Legal basis: Civil Code of the People's Republic of China

Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.

Heirs who have fulfilled their primary obligation to support the decedent or who live with the decedent may receive an additional share of the estate when the estate 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 1131:Appropriate inheritances may be distributed to persons other than the heirs who rely on the support of the deceased, or to persons other than the heirs who support the deceased more.

Article 1132 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.

Legal analysis: wages, bonuses, production and business income obtained by the husband and wife during the existence of the marital relationship;Proceeds from intellectual property rights;Inheritance, gift, etc., of property shall be jointly owned by the husband and wife. The pre-marital property of one party is the property of one of the spouses.

Although the pre-marital property of the remarried elderly person is owned by the individual, the income after marriage shall be the joint property of the husband and wife in accordance with the law, and shall be used jointly by the husband and wife. After the death of one of the elderly people, the joint property of the husband and wife will be divided first, and the property belonging to the deceased party will be inherited as an inheritance. Legal basis:

Article 1155 of the Civil Code of the People's Republic of China When the estate is divided, the inheritance share of the fetus shall be retained. If the fetus is dead at the time of delivery, the reserved share shall be handled in accordance with the legal inheritance. Article 1156: The division of the estate shall be conducive to the needs of production and livelihood and shall not harm the utility of the estate.

Inheritances that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership. Article 1157:Where one spouse remarries after the other spouse dies, they have the right to dispose of the inherited property, and no organization or individual may interfere with it.

Legal analysis: First, the joint property of the surviving spouse and husband and wife is divided. Second, the remaining part shall be distributed in accordance with the relevant provisions of inheritance, and those who have a will shall follow the will, and those who do not have a will shall inherit according to the law.

The estate is inherited 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 inherit; If there is no first-order heir, the second-order heir shall inherit.

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 inherit; 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.

Whether it is a remarriage or a first marriage, the questions regarding the distribution of the estate are usually the same, and the division of the estate usually has the following ways:

1. Wills and Statutory Succession:

1. If there is a will, the estate will be handled according to the will;

2. If there is no will, it will be inherited according to the law.

2. Legal succession is 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 inherit; If there is no first-order heir, the second-order heir shall inherit. The share of inheritance inherited by heirs in the same order shall generally be equal.

Three, but there are also cases of unequal distribution:

1. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance;

2. Heirs who have fulfilled the main obligation to support the decedent or live with the decedent may receive more dividends when distributing the inheritance;

3. If the heirs who have the ability and conditions to support do not fulfill their obligation to support, when distributing the inheritance, they shall not divide or divide less;

4. If the heirs agree through consultation, it may also be unequal.

In addition, on the issue of inheritance after the death of one of the husband and wife, it is necessary to first distinguish the joint property of the husband and wife, and the joint property of the husband and wife cannot be regarded as an inheritance, and the joint property of the husband and wife needs to be divided, and the property belonging to the deceased party is the inheritance.

Your stepmother is the first heir.