Regarding the separation of the estate after the death of the stepmother, how the children and the s

Your stepmother's daughter said that she wants half of the inheritance, which is not right, first of all, it depends on whether your stepmother has a will, if not, then the whole property should first be divided into half for your father, because it belongs to your father and your stepmother, and then half of the whole property will be divided into eight parts, including one for your father and one for each of your stepmother's two children. One share for each of your father's five children, whether it is your stepmother's two children, or your father and five children, all belong to your stepmother's first-order heirs, and their status and power are equal, although your father gets 50% of the total property in advance, that is because it belongs to your father and your stepmother's husband and wife to share the property, and the remaining 50% he still has to participate, and because your father is also your stepmother's first-order heir, so your father has the right to participate in the distribution of the remaining 50%.

This may seem simple, but there are actually a lot of cases.

First of all, whether the property and other valuables belonged to one of the parties before the marriage.

Secondly, the new Marriage and Family Law stipulates that valuables are counted as joint property after the two parties live together for 4 years, and real estate for 8 years.

Thirdly, whether the parties have agreed on which property belongs to one party's personal property, if there is no stipulation, it will be treated as joint property.

In this way, different segmentation schemes can be made according to different actual situations.

But first of all, half of your father's joint property should be divided among the county, and the remaining part of your stepmother should be divided among half to your father, and the remaining 1 4 of the joint property should be divided by her.

That's about it, I hope it helps.

Hello, if the decedent has a will or bequest and maintenance agreement, it needs to be distributed according to the will or bequest and maintenance agreement. If not, the estate will be inherited by its legal heirs in accordance with the legal inheritance method. According to what you have said, if the names of the deceased and the ex-wife are written on the title deed, then the house belongs to the deceased and the ex-wife, and in principle, half of the house should be inherited as an inheritance.

In the absence of a will, the wife and son of the deceased after remarriage have the right to inherit the deceased's estate as legal first-order heirs. Contains the deceased's cash and half of the property in his name, which should normally be inherited as an inheritance. At the same time, if the deceased's parents are still alive, they also have the right to inherit the estate as the first-order heirs.

[Legal basis].

Article 10 of the Inheritance Law:

The estate is 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 do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Both the stepmother and the stepchild are first-in-line heirs. In general, it is evenly distributed. The two sides can negotiate, and it is okay to distribute it unevenly. The order of inheritance refers to the order in which the heirs inherit the estate after the death of the decedent.

Article 1127 of the Civil Code stipulates that 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.

1. What is heritage and what is the scope of inheritance.

An estate is an individual's legal property left behind at the time of a citizen's death. The estate is temporally legal and property exclusive.

The inheritance includes: 1. The legal income of the citizen. Including income from engaging in physical and mental work, **, dividends, awards received, etc.;

2. Citizens' houses, savings and daily necessities. Housing includes self-use housing, rental housing, idle housing, business housing, etc.; Savings include deposits in banks, credit unions, insurance companies, other financial institutions; Daily necessities include furniture, home appliances, books, computers, vehicles, etc.;

3. Citizens' forests, livestock and poultry;

4. Citizens' cultural relics, library materials. Including antiques, calligraphy and paintings, books, collectibles, etc.;

5. The law allows citizens to own the means of production. Including land, farm tools, building materials, crops, mineral deposits, etc.;

6. Citizens' property rights in intellectual property rights such as copyrights, patent rights, and trademark rights;

7. Other lawful property of citizens. Including mortgages, pledges, liens, pawns, creditor's rights, etc.

2. What are the assets that cannot be used as inheritance?

1. The personal rights of the decedent. Including the right to life, the right to health, the right to name, the right to portrait, the right to reputation, the right to honor, etc.;

2. The right to use all resources owned by the state or collectively owned.

3. Pensions and living allowances issued by relevant units to the family members of the deceased due to the death of the deceased.

4. The deceased rented or borrowed the property of others during his lifetime.

5. Formulate the insurance benefits of the beneficiary.

Legal analysis: There is a will to inherit according to the will, and the intestacy is inherited in the legal order, the first order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents. After the succession begins, it will be inherited by the first-order heir, and the second-order heir will not inherit.

If there is no first-order heir, the second-order heir shall inherit. The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a relationship of dependency.

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

Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

An inheritance that is not inheritable under the law or by its nature shall not be inherited.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1124:Where the heirs renounce their inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.