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If your parents didn't write a letter of distribution, then you have the right to inherit, and you have the right to use that piece of land, I don't know how much. But if your parents appoint your eldest brother as the heir, then you have no right to inherit.
I think if it's a problem, you'd better go to a lawyer for a consultation, and it will be clear as soon as you ask.
There is no distinction between men and women in the right of inheritance, as long as they are children, they have the right to inherit if they do not specify how to distribute them.
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Yes, it depends on whether your father has a will, and if there is a will, everything will be done according to the will.
If there is no will, first of all, the land is the joint property of your parents, and your mother is still alive, and the relationship is not good, it is impossible to agree to give you her share, so according to the legal inheritance, you can get half of the land divided by four, that is, divide your father's share equally into four parts, and you get one of them.
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If there is a will, it will be done according to the provisions of the will, if there is no will, it will be inherited according to the law, China's inheritance law stipulates that both men and women enjoy the same inheritance rights, first of all, after your father dies, you must divide the joint property of the husband and wife, that is, your mother will take half of it first, and the remaining half will be your father's estate, and your mother and your brothers and sisters will divide it equally, and you can get one-fifth of your half.
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1. Your father has a will according to the will, and no will according to the legal inheritance;
2. The first order of legal succession: spouse, children, parents.
3. Divide the joint property of the husband and wife first, and remove your mother's part, which is the part of your father's estate;
4. If it is a homestead, if the homestead is obtained, it is not your father's personal inheritance;
Mr. Zhang.
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Children are the legal first-order heirs of their parents and enjoy legal inheritance rights in accordance with the law. Under statutory succession, he or she shall jointly inherit the estate of the deceased with other first-order heirs. However, if there are certain acts, such as intentionally being decedent, killing other heirs in order to compete for the inheritance, abandoning the decedent, or abusing the decedent in serious circumstances, it will lead to the loss of inheritance rights.
In the case of testamentary succession, whether or not the inheritance can be inherited depends on the intention of the heir to be omitted.
[Legal basis].
Article 1123 of the Civil Code of the People's Republic of China After the commencement of succession, it shall be handled in accordance with 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 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, 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 "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers or sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support. Rotten.
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The inheritance of the parents and the children shall be inherited in the order of bequest and maintenance agreement, bequest agreement, will and statutory succession. If there is a bequest and maintenance agreement, a bequest agreement, or a will, the children shall inherit in accordance with the bequest and maintenance agreement, bequest agreement, and testament. If the parents do not leave a bequest agreement, a will, or a bequest and maintenance agreement for the property, they shall inherit the property in the order of statutory succession.
The first order includes spouses, children, and parents, and the second order includes siblings, grandparents, and maternal grandparents. Between the two legal heirs, the first-order person has priority, that is, after the death of the decedent, the heirs in the first order inherit the property first.
1. How to distribute the inheritance of real estate.
The method of property inheritance is as follows:
1. The inheritance and distribution of real estate shall be handled in accordance with the statutory inheritance;
2. If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest, and if there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement;
3. If there is no will, the inheritance will start according to the first priority.
1. The process of inheriting the estate is as follows:
1. If the decedent signs a bequest and maintenance agreement with a citizen other than the relevant collective organization or the legal heir, and transfers his property to a dependant who bears the obligation of birth, support, death and burial, the supporter obtains the inheritance in accordance with the agreement between the two parties, that is, the bequest and maintenance agreement excludes the inheritance rights of the legal heir;
2. If the deceased makes a will in accordance with the law before his death, designating his property to be inherited by one or more of the heirs, or donating his property to a person other than the state, the collective or the legal heir, the designated heir or the donee shall accept the inheritance in accordance with the will, that is, the will excludes the inheritance rights of the legal heirs other than the testamentary heirs;
3. If the deceased has not made a will or bequest and maintenance agreement to dispose of his property before his death, his estate shall be inherited by his legal heirs in accordance with law.
2. The materials required for inheritance are as follows:
1. Death certificate of the decedent;
2. The property right certificate or other certificate of the house;
3. Household registration book or other documents that can prove the kinship between the deceased and the legal heir;
4. The will made by the decedent;
5. The identity document of the heir;
6. Other documents required by the notary office.
2. How to inherit the property after the death of one of the parents?
In the event of the death of one of the parents, the property is inherited in the order of bequest and maintenance agreement, will and legal succession. If there is a bequest and maintenance agreement or will, the heir can apply for the transfer of the house only after going to the police station where the decedent's household registration is located to cancel the household registration, apply for a death certificate, and then go to the notary office to notarize the inheritance right. If the parents do not leave a bequest and maintenance agreement or will for the property, they shall inherit in the order of legal succession.
The first order includes spouses, children, and parents, and the second order includes siblings, grandparents, and maternal grandparents.
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There are two ways for children to inherit the estate: testamentary succession and statutory succession. If the decedent has a will, he inherits according to the content of the will; If there is no will, it will be handled according to the statutory inheritance. If the heir renounces the inheritance, he or she shall make a written expression of renunciation before the estate is disposed of; If there is no indication of inheritance, it is deemed to have accepted the inheritance.
The legal primary order of inheritance is spouse, children and parents, and the share of inheritance inherited by heirs in the same order shall generally be equal.
Article 1123 of the Civil Code of the People's Republic of China.
After the commencement of inheritance, 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 bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1124.
After the commencement of inheritance, if the heir renounces the inheritance, he 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.
The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
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Children and daughters have equal rights to inherit the estate of their parents. Article 9 of China's Inheritance Law stipulates: "Men and women are equal in inheritance rights.
In accordance with the above-mentioned law, children have equal inheritance rights, and women, whether married or unmarried, shall have equal inheritance rights with their brothers.
Women cannot be discriminated against in matters of inheritance. Article 34 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates that: "The right of inheritance of property enjoyed by women on an equal basis with men shall be protected by law.
Women may not be discriminated against among the legal heirs in the same order. Widows have the right to dispose of inherited property without any interference. ”
The division of an estate, which is generally an equal division of the estate, if it is obvious that it will affect the development of production or be obviously unfair because of the equal division, it must also be handled appropriately according to the specific circumstances and cannot be mechanically enforced. It is necessary to take into account the actual situation, for example, on the issue of parental support, it is mainly the son who bears it, and the daughter is not required to support the elderly, or the parents do not need the daughter to support the elderly, or it may be that the daughter does not bear the main maintenance obligation due to economic reasons, then the share can be appropriately reduced or not given on the issue of inheritance. It should be noted that this distinction is not due to the gender of sons and daughters, but to take into account the fairness of rights and obligations, and it is illegal to simply treat sons and daughters differently in terms of inheritance.
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The inheritance is best left to the son.
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