Ask a lawyer about inheritance.

Half of the property and cash goes to your mother's estate. Inherited by your children, fathers and grandparents.

Legal basis: Inheritance Law of the People's Republic of China.

Chapter II Statutory Inheritance.

Article 9: Men and women are equal in inheritance rights.

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Article 13: The share of inheritance inherited by 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.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. 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.

It is possible to request the division of the mother's estate.

Calculation method: First, divide the joint property of the parents equally. The portion belonging to the mother is then divided equally among the father, the children and the parents of the mother.

According to the Inheritance Law and relevant civil laws and regulations, children are the natural first heirs of the mother's property. The specific inheritance is the mother's personal property, and there is legal inheritance (no will or bequest) by the first heir, that is, the spouse and children are equally divided. 50% of the joint property of the husband and wife is divided into legal inheritances by the first heirs.

Only half of the joint property of the parents can be used as the estate of the deceased mother, and if there is no will, the father, two children, and grandparents are entitled to inherit according to the legal inheritance.

Lawyer Xu Guangming.

Yes, if there is a will, it will be inherited by will, and if there is no will, it will be inherited by law.

1. You have the right to request the distribution of the inheritance, and you and your father's inheritance rights are the same. But first divide it from your father's name.

2. If a dependency relationship is formed, the right of inheritance is obtained, and your stepmother obtains the right of inheritance because of marriage.

Tianjin Lawyer Li (Professional Divorce Lawyer):

The joint property of the husband and wife shall be divided first, and the children and the father shall inherit the estate jointly. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

Don't worry about that, your father is now married, and the property is all pre-marital property, and the pre-marital property belongs to the individual.

Legal Analysis: If you have the ability to do so, you don't need to hire a lawyer. The law does not impose that it must be pleased.

However, legal issues are very specialized, and it is difficult for non-specialists to really exercise their rights. If you want to assert your rights in a high-quality way, it's best to get a lawyer. If the evidence is complete, the facts of the case are clear, and the other party has not hired a lawyer, you can not hire a lawyer, and in court, as long as you present the evidence to the judge late, the judge will also.

Legal basis: Article 1154 of the Civil Code of the People's Republic of China In any of the following circumstances, the relevant part of the estate shall be handled in accordance with the statutory inheritance: 1

The testamentary heir renounces the inheritance or the legatee renounces the bequest; 2.The testamentary heir loses the right to inherit or the legatee loses the right to bequest; 3.The testamentary heirs or legatees die or terminate before the testator; 4.

the estate to which the invalid part of the will relates; 5.The will does not dispose of the estate before the obscurity.

If you are able to do so, you can do without a lawyer. If you want to assert your rights in a high-quality way, it's best to get a lawyer. It is recommended to consult Beijing Guanling Law Firm, which is a special cooperative law firm in the "Third Mediation Room" column of Beijing Radio and Television Station.

Click here to consult a gold lawyer for free].

If the evidence is complete, the facts of the case are clear, and the other party has not hired a lawyer, you can not hire a lawyer, and in court, as long as you present the evidence to the judge, the judge will also. However, due to the complexity of the inheritance and inheritance disputes, the professional requirements are also very high, such as whether the will is valid, the determination of the scope of the estate, and the real estate inheritance disputes are more complicated, such as demolition issues, rural homestead issues, property ownership certificate loss issues, etc., if you want to better protect your rights and interests, then it is necessary for you to ask a professional lawyer in inheritance to give you advice, collect favorable evidence, and strive for your legal inheritance rights.

If you want to know more about inheritance, we recommend consulting Beijing Guanling Law Firm. Most of the employees of Beijing Guanling Law Firm come from well-known universities at home and abroad, have postgraduate degrees, and have rich work experience in state agencies, large institutions and foreign law firms, and have patent, tax, note and other industry qualification certificates. Guanling has hired a team of consultants from well-known universities in China and well-known scholars in various legal fields.

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The inheritance dispute lawyer can mediate in the middle, and the two parties can carry out a settlement of the trouble, or the lawyer can carry out a lawsuit with the relevant court, and the advantage of such a litigation settlement method is that the judgment is enforceable. According to the Provisions of the Supreme People's Court on the Causes of Action in Civil Cases (for Trial Implementation), inheritance disputes include: legal inheritance disputes (transfer inheritance disputes, subrogation disputes), testamentary succession disputes, inheritance confirmation disputes, debt settlement disputes of the decedent, bequest disputes, and bequest maintenance agreement disputes.

Solution: According to the provisions of the current laws of our country, if there is an inheritance dispute, it can be resolved through the following ways: Self-negotiation After the occurrence of an inheritance dispute, the relevant parties may, on a completely voluntary basis, negotiate the time, method and share of the inheritance division through mutual understanding and mutual concession to reach an agreement that all heirs are willing to accept, and then divide the inheritance according to the agreement.

Although the negotiation is conducted between the parties to the dispute, certain principles must also be followed: (1) The principle of equality and voluntariness. Negotiation is not a statutory procedure for resolving civil disputes, so it can only be applied if both parties agree.

Furthermore, the negotiated agreement must be reached on a voluntary basis on the part of both parties. (2) The principle of legality. Distinguishing right from wrong is the premise of resolving the matter through consultation, and the criterion for measuring right and wrong is the provisions of laws and policies on inheritance.

The negotiated agreement must also be legal in itself, otherwise it will be null and void. It is worth noting that the parties may waive their rights when negotiating to deal with inheritance disputes, and this cannot be treated as illegal. (3) The principle of not harming the interests of the state, society and the legitimate rights and interests of others.

The parties shall not harm the interests of the state and society for the sake of their own interests, or infringe upon the legitimate rights and interests of a third party for the sake of reaching an agreement, otherwise, such negotiations will lose their fairness and reasonableness, and therefore, they will not be protected by law. The settlement of inheritance disputes through negotiation is conducive to the harmony and unity between family members, and the settlement through negotiation is entirely based on the voluntary behavior of the parties concerned, so it will not harm the family affection between each other after settlement, and it is also conducive to the rapid and complete resolution of the dispute. Since inheritance disputes are handled through negotiation, there is no need to go through mediation by others, let alone resort to the court, which saves the human, financial and time resources of the parties.

At the same time, since the agreement is negotiated by the parties themselves, the dispute can be completely resolved.

Legal Analysis: Inheritance refers to the fact that the deceased who enjoys the property during his lifetime and is transferred to others due to death is the decedent; The property left behind by the decedent at the time of death is the inheritance; The person who inherits the estate of the decedent in accordance with the provisions of the law or the lawful will of the decedent is the heir; The right of inheritance enjoyed by the heir in accordance with the direct provisions of the law or the legal will made by the decedent is the right of inheritance. In our country, there are four ways of inheritance:

Testamentary succession, that is, the decedent makes a will before his death, designating heirs to inherit his estate; Bequest means that the deceased makes a will before his death, and gives the estate to the state, the collective, or a person other than the legal heir; A bequest and maintenance agreement is an agreement between the decedent and the dependent, whereby the decedent bears the obligation of the decedent's life and burial, and all or part of the decedent's property is transferred to the dependents after his death. This method mainly occurs when the elderly have no one to support them. Legal succession, i.e., in the absence of any of the above three cases, the law determines the order according to the proximity of the kinship.

If there are more than 2 types of inheritance at the same time, among the 4 types of inheritance, the testamentary maintenance agreement has the highest effect, followed by bequest, and the least effective is statutory succession.

Legal basis: Article 1127 of the Civil Code 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 inherit; If there is no first-order heir, the second-order heir shall inherit.

The headquarters of Beijing Guanling Law Firm is located near Tiananmen Square, the core area of Beijing, adjacent to the Supreme People's Court and the Supreme People's Procuratorate.

It is the gold partner of the "Lawyer is Coming" column of **TV station, and has participated in **TV station's "Law Lecture", "Today's Statement", "The Truth of Law", Beijing Satellite TV's "Rule of Law in Progress", "Third Mediation Room" and other columns.

Beijing Guanling Law Firm is well aware of the profound truth that "law is a combination of knowledge and experience", and its members include well-educated scholars from top universities such as Peking University, Tsinghua University, Chinese People's University, China University of Political Science and Law, as well as "veterans of the legal field" who have been fighting in the front line of legal practice for a long time.

In terms of team management, Beijing Guanling Law Firm adheres to the principle of "always maintaining a strong enterprising spirit and sense of distress", faces the future, listens to different opinions, and constantly improves itself.

Guanling strengthens the training of political character and the cultivation of moral character, is honest and self-disciplined, continues to learn, and maintains "enterprising, new, and exceptional".

Beijing Guanling Law Firm adheres to the case handling concept of "winning the case by winning the lawsuit and seeking a win-win situation in the court", and provides high-quality and efficient legal services for the parties with the advantages of scale, specialization, branding and internationalization. It has successfully handled a large number of administrative disputes, corporate legal disputes, real estate disputes, contract disputes, tort disputes, criminal disputes and other cases, and has won wide acclaim and lasting trust from enterprises, institutions, social organizations and ordinary people.

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