Inquiries about the house inheritance lawsuit Please master, thank you

The issue of public housing is more troublesome.

It should be said that your grandfather does not have the right to dispose of the public housing rented by your grandfather, because the part of the will that deals with the public housing is invalid, but it does not affect your mother to inherit your grandfather's other estates according to the will.

If there is only one name in your mother's name under the public property, it should be said that your mother can inherit and use the house as the actual occupant.

As for the uncle and aunt's request to share the "money" of the house equally, you don't express it very clearly, the public house has been demolished?

When it comes to demolition, the situation is a bit more complicated. I don't know if you are **, but one of the cases you are handling is a public housing in Beijing, and the children sued the court for the inheritance dispute over the demolition money of the public housing, which is similar to the situation you mentioned. 010-67682835, Mr. He.

If you can win, whoever the old man has lived with, and who will the house be awarded to.

1. Was the will made at the time when the parties had a clear sense of thinking and the presence of a third party?

This relates to whether the will made by the parties is legally valid.

2. Is a will an oral or a written will? - Written evidence is more convincing in court.

3. If your mother does not have strong evidence for the above two points, it depends on whether your relatives have fulfilled them.

The chances of the mother winning the case are very high.

Public housing is not private property, so it is useless to make a will.

The inheritance rights of public housing are also slightly different in different provinces and relevant laws and regulations, but generally speaking, after the death of the tenant, the co-occupants shall reach a consensus to confirm who will continue to lease, and the lessor shall agree. If the negotiation is inconsistent, the lessor shall determine the lessee in writing in the following order. (1) the spouse of the original tenant; (2) The children of the original tenant are generally selected according to the housing situation of other places and the length of time they have lived in the premises; (3) the parents of the original tenant; (4) Others.

Your mother is at an advantage. As for whether you can win, it depends on the lawyer's ability.

Legal analysis: If the property is your father's personal property, you can go to the local notary office to notarize the inheritance, first of all, you must provide your father's death certificate and kinship certificate. Relatives include: parents, spouse, children of the deceased.

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

Article 1123 After the inheritance of Kaibi Yu, 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 stool hall bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 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 inherit; If there is no first-order heir to inherit, the second-order heir shall inherit the repentance. 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.

(1) Did your grandfather die before your mother remarried or after remarriage?

If the money for your mother's purchase of the house is inherited before marriage and is personal property, then the house purchased with the inheritance money is probably your mother's personal property, and sufficient evidence is required.

2) The inheritance inherited by your mother after remarriage, if it is a legal inheritance, belongs to the joint property of the marriage, and the purchase of the house in this case belongs to the joint property of the marriage; In the case of testamentary succession, the will states that the property that is determined to belong only to your mother (or joint property if it is not written) is your mother's personal property.

You are talking about an equal inheritance, such as a legal inheritance, which is personal property if it is inherited before marriage, and joint property if it is inherited after marriage. )

3) According to the information you provided, it is very likely that the house purchased by your mother belongs to the joint property of the husband and wife.

But you can ask your mom and your stepdad to give you an IOU stating that you paid some of the money to buy the house.

4) If your stepfather bought a house before marriage and paid part of the house payment after marriage, is the house registered in your stepfather's name or your stepfather's and your mother's names?

According to the latest judicial interpretation, if it is your stepfather's name, it belongs to your stepfather's personal property, and in this case, if you divorce, you need to compensate your mother for the amount paid and the corresponding increase in the value of the property.

It is advisable for your mother to negotiate with your stepfather, because your mother can ask for your mother's name to be added after the marriage. If it has your mother's name on it, it can be community property.

5) When your mother remarried, were you an adult? At that time, did your stepfather's son reach adulthood?

If they do not reach adulthood, in the future, after the death of their parents, the step-child can inherit the step-parent's estate in the same way as the biological child. If you reach adulthood, you cannot inherit your stepparent's estate.

6) If you don't want to have a property dispute in the future, you can ask your mother and your stepfather to make an agreement on the ownership of the joint property in writing, and then make a notarized will. This is the best way to avoid disputes.

7) If there is no will, statutory succession is adopted. The first in line of legal succession are spouse, parents, and children. Children include stepchildren who have a dependent relationship.

At that time, although the house was assigned to your father, the ownership of the house still belonged to the unit, and the father was equivalent to renting the house, but the unit was provided as a welfare and no rent was charged;

In the event of your father's death, your mother and you, as the co-occupants of your father's life, shall have the right to continue to rent the house or to live in the house, unless there is a special agreement at the time of the division of the house, but from the circumstances of the inscription, this is not the case, and therefore you can continue to live there;

When your mother remarried and moved into a new house after marriage, there is a question here, that is, how old were your stepfather's children at that time, whether they formed a dependency relationship with your mother, and if so, then your stepfather's children and your mother formed a parent-child relationship, and they have rights and obligations with their biological children; Similarly, if your stepfather forms a dependency relationship with you, you are also in a parent-child relationship, and you are entitled to inherit his or her estate when your stepfather dies; On the contrary, if there is no dependency relationship, then there is no parent-child relationship, and there is no question of inheritance;

Selling a house in a year, because the ** selling the house is based on your biological father and your mother's various points, most of which should be seniority, right? Therefore, relatively speaking, the house purchased by your father and your mother should be the joint property of the husband and wife, but at this time, your father has passed away and is not acquired during the marriage, and it is also not the joint property of your mother and your stepfather, so it belongs to your mother.

5.If your mother dies, the stepchildren who are dependent on your mother have the right to inherit, and if your mother still has parents, they also have the right to inherit. If there is no relationship of dependency, then there is no right to inheritance.

The stepfather's children have no inheritance rights to the house, which is a welfare subdivision of your father's and mother's unit and belongs to your mother's pre-marital property.

Whether your stepfather's children have a share of the inheritance depends first on whether your stepfather's children and your mother have formed a step-parent-child relationship, if they have formed a step-parent-child relationship, they have the right to inherit your mother's estate, and if they do not form a step-parent-child relationship, they are not entitled to inherit your mother's estate. The stepparent-child relationship is the relationship between stepparents and children that forms a living and upbringing relationship. Of course, if they have the right to inherit, they can only inherit your mother's share, not your father's share.

The property belongs to your mother and your stepfather's personal property before marriage, and your mother is still alive and your stepfather's children are not entitled to inherit it.

The house was sold to your mother in '98, and at this time, your stepfather was no longer alive, so the property was your mother's personal property. If your mother dies, you are sure to be the first in line of succession, and whether your stepfather's children have the right to inherit depends on whether they have formed a relationship with your mother. Listening to your description, there should be no custody relationship, so they have no inheritance rights to your mother's property.

If a stepchild relationship is formed, there is the right to inheritance.

How old are your stepfather's children and were they raised by your mother? If not, then there is no right to inheritance.