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Personally, I think you should convince your father to respect your grandparents' choice. Originally, this money was for them to provide for the elderly, and it stands to reason that they don't give a penny to the younger generations, and you shouldn't have complaints. You can't ask the old man to take out the coffin board and divide it because they will be filial.
Because their maintenance is only an obligation.
The old people's minds naturally have their worries, and they do this to leave a last leeway for themselves, (I have seen too many cases where the younger generation is unwilling to treat the elderly for fear of spending money).
I really can't tell, what will happen to your juniors one day in the future if you abandon his two elders. When my grandmother was alive, she saw that every penny had to be saved and quietly hidden. We just thought it was funny, but we still respected her wishes and kept saving money for her.
The problem you have to solve when you go home is not how to distribute the money, but how to convince your father and uncle. Sooner or later, the money will belong to the younger generations, so why bother like this.
You have to stick to your decision!
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There is a principle in the civil law called "autonomy of will", the disposition of property depends on the elderly themselves, the will of the elderly should be fully respected, and the children have no right to interfere, which is the legal basis.
Children should respect their father's wishes, and adult children are concerned about their father's small amount of money, which is not in line with the traditional patriarchal practice in our country, which is a moral basis.
There is both a legal basis and a moral basis, so as long as you insist on respecting the opinions of the elderly, it is appropriate to be reasonable!
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The old man thinks that the money belongs to the grandparents, so your whole family should respect the wishes of the grandparents and not go against the will of the grandparents, "the old man means to take out 9,000 to distribute the remaining 10,000 for his own pension", then do it according to the old man's will, and the obedient person is filial piety!
The fact is that the old man's 10,000 yuan are left by themselves, and it should be, your father and uncle and aunt also have to support the elderly, the so-called "grandparents will naturally be responsible for the elderly" is just an excuse and prevarication!
The old man suggested that the grandmother's money, one is to distribute it according to the grandmother's wishes, and the other is to keep it all by himself, so as to avoid disputes within the family, and this money will be distributed to the children as the inheritance of the old man sooner or later, you see how it is!
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I don't think there's any point in arguing here. The old man is still there, you should ask the old man's opinion, since the grandfather said that 9000 will be 9000, and the children must obey the old man.
Filial piety comes first, if your family is unhappy because of this money, maybe grandpa won't take a penny.
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The best solution is to respect the meaning of the elderly!
The old man can share as much as he wants.
It is also the right of the elderly to be indistinguishable.
Auntie don't Auntie did the right thing.
Is it necessary to make such a big deal in this matter?
Everyone be generous, don't hurt the harmony for money.
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1. The elderly can freely distribute their property. In the inheritance system that our country is currently practising. Testamentary succession comes first, and in the absence of a will, statutory succession is adopted.
You are now saying that testamentary succession applies to the situation. That is, the elderly can freely dispose of their property, give it to whomever they want, and give as much as they want.
2. There are many forms of wills, which generally take effect as long as they are the true expression of the testator's intentions.
In view of your situation, in order to avoid disputes in the future, it is recommended that you go for testamentary justice. Out of all wills, an impartial will is the most efficient. That is, if there are multiple wills later, regardless of the time of the will, a fair will must be implemented.
The revocation of a just will can only be done through a fair form.
3.The fair procedure is also simple and generally does not require a lawyer. Just go straight to the justice office. If you don't understand something, a notary will help you.
It should be noted that the notarization of the will must be applied for by the testator in person, that is, the elderly should apply for it in person. (If the applicant is old and sick and has difficulty moving, he can apply for a notary public to go to the residence of the elderly to handle it).
After the application is made, the notary will review it. The content of the review is also very simple, mainly some objective elements: whether the testator (that is, the old man in your case) has full capacity, whether the expression of intention is true, and whether it harms the interests of specific people (for example, if the old man has the legal heir who has the ability to live and does not have the legal heir to live, he should be given the corresponding inheritance).
If you have any questions about impartiality, you can go directly to the local notary office, our country has very high requirements for the selection of notaries, and their professional quality is very high. So it should provide the help you want.
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If he divides the property now, everything is up to him, and no one else has the right to say. If he makes a will and divides the inheritance after his death, he must make a will and notarize it. If there is no will, the distribution of the estate by others (children, etc.) after death must be approved by all heirs.
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1. Citizens are free to dispose of their legal property, including gifts, renunciations, or all by will.
2. The will can be written by oneself or written by others, but in order to prevent disputes, it is best to go to a notary office for notarization or find a lawyer to witness. This is more effective.
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Inheritance is divided into testamentary succession and statutory succession.
Testamentary succession is more effective than statutory succession.
Therefore, the decedent is free to distribute the property through a will according to his wishes. You can decide the amount of allocation at your discretion.
Property notarization can be carried out. The legal probative power of notarization should be greater.
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The most appropriate way is to let your father go to the notary office in person with his self-written will and relevant identity certificates to notarize the will, and there is no need to find a lawyer**, and the citizen himself can go to the notary office to notarize the will. Moreover, a notarized will is the most effective basis for the distribution of the estate, as long as your father will not change the will in the future and notarize it again.
Second, regarding your supplementary question, before your father's death, the right of inheritance is a right of expectation, even if your father makes a will now, you will not get the property immediately, so it does not matter if the property is notarized, as long as your father goes to notarize the will.
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You can distribute it independently, and give as much as you want to whomever you want. You can find a notary public or find a lawyer, it's very simple.
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The property of the old man shall not be disposed of by anyone other than the old man before his death. In the inheritance of the property of the elderly, the precedence of the bequest and maintenance agreement takes precedence over the will over the statutory inheritance, and the property of the elderly who has the right to inherit at the time of death automatically obtains the ownership of the property, and the estate is shared before the distribution, and shall not be disposed of without the consent of others. The assumption of the debts of the elderly is borne within the scope of inheritance.
Renunciation of inheritance must be made on the distribution side. Since your question is too broad, that's all there is to it. You can add questions if needed.
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Should the fixed property of the parents be divided equally among the 5 brothers? In the case of intestate, it is according to the legal inheritance, that is, "the 5 brothers are divided equally" or the younger brother is divided more (because it has been taken care of.
Or will the youngest brother continue to run the pasture? According to the will, if there is no will, the brothers will negotiate and deal with it.
The pasture has not been transferred to the younger brother's name, and it is still in the name of his parents. If parents subjectively make their own wills to divide the pasture and other property among the youngest brother, is it unfair to our other brothers? The elderly have the right to dispose of their own property, and it has nothing to do with fairness.
Can we propose an equal division of property? What can be done if so? It's a complex question.
At the moment, it is an old man, and if he is open-minded, he has nothing to do with himself at present and is exempt from opening his mouth; But at the same time, from a certain point of view, it is also related to oneself. Let's first understand the opinion of the old man and the opinion of the younger brother.
Or annoyance arises from this. Amen!
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If the elderly person is deceased, it will be distributed as follows:
1. There is a will to distribute it in accordance with the will;
2. Inheritance without a will shall be according to the law.
Legal heir refers to a inheritance method in which the law directly stipulates the scope of heirs, the order of succession, and the principle of inheritance distribution.
First-order heirs are spouses, children (including legitimate children, illegitimate children, adopted children, and dependent stepchildren), and parents (including biological parents, adoptive parents, and dependent stepparents). Second-order heirs include siblings (including siblings of the same parents, half-siblings, adoptive siblings, and dependent step-siblings), grandfathers, and 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 will inherit it.
Where the children of the decedent die before the decedent, the descendants of the children of the heirs shall inherit by subrogation. Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.
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Hello, for your problem, the lawyer provides the following legal advice:
First of all, the elderly have the right to dispose of their property freely. Even if it's unfair, there's no way around it, but there are a few ways to see if you can make a change.
Second, see whether the elderly have the right to dispose of the property, for example, the property is not owned by the old man alone, but by two old people, then the old man only has the right to dispose of his own part, and has no right to dispose of the other part, in this case, the old man's disposition of the part that does not belong to him is not effective.
Third, if it is the personal property of the elderly, you can try to be nice to the old man and let him change his mind before he dies, so that you can get it.
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If the old man does not leave a will before his death, your brother (if there are no other brothers and sisters) can equally distribute the old man's estate, but if the old man leaves a will and designates all the property to the boss, then there is no way, except for the will is invalid.
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If there is a written will, the property of the elderly is received by the person named in the will, and the second child should fight for his own interests by doing filial piety and uniting relatives and friends to do the work of the elderly.
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1. The elderly have the right to dispose of all the property that belongs to them, and it is valid to call auspicious in the law of leniency. 2. General notarization requires ID card, household registration book, household registration certificate, ownership certificate, marriage relationship certificate, death certificate and other information if one party dies. It depends on the specific content of the notarization and the circumstances of property relations and family relations.
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The estate can be distributed by will, and testamentary succession is more effective than statutory succession.
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