Ask the legal elite to answer the question of the division of the estate

1. No, unless you can prove that the two younger daughters have not fulfilled their maintenance obligations, but from what you said, you can't fully prove this, and you still need evidence;

2. After the death of the grandfather, half of the property should be divided, this half belongs to the grandmother, and the rest is inherited by the grandmother, son, and two daughters. Now, they at least have a small obligation to support, so they should share less;

3. Now the property is allocated to the safest, if it cannot be transferred immediately, all parties have written things; The second is to ask the elderly to write a will, but this is risky; the third is to ensure that the old man does not leave the house to his two daughters in the form of a will;

4. You can also try to get grandma to give you the house now.

First of all, there is no will to carry out legal inheritance, let's look at your first question first.

If grandma has the ability to make a will, then the will he makes is valid as long as it does not violate the provisions of the law, that is to say, he can divide his property as he wants, and the grandfather's part can only be inherited through legal inheritance.

In accordance with paragraph 3 of article 13 of the provisions of the Law of Inheritance.

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.

The shoulds are used here, that is, as long as there is evidence to prove that they have not fulfilled their maintenance obligations, they will definitely be less points, and if they are serious, they will not be scored.

The second question, after the death of the grandfather, according to the legal inheritance, the heirs in the first order have a spouse, children, parents.

That is to say, grandma does not have the right to inherit all of it, it is half of the grandfather's property that is given to grandma first, and then grandma and three children are a quarter, but if the daughter does not fulfill her maintenance obligations, she will share less, and the less part will be given to her son and grandmother.

Your last question, grandma has the right to make a will according to her own wishes, you can't interfere with his freedom, the current situation is that either the old man did not make a will, then the legal inheritance, then the eldest son's spouse and children will always get some, but if the old man is really unwilling to divide the estate to the eldest son's family in the will, then, this matter can not be helped, so as our younger generation, it is really better for the elderly, not for the inheritance but a feeling, a kind of family affection, The wife of the eldest son should also communicate more with the elderly, and it is the best way to solve the problem by relieving the suspicions.

Legal analysis: 1. The division of the estate should be conducive to the needs of production and life, and should not damage the utility of the estate. 2. Inheritances that are not suitable for division may be disposed of by means of discount, compensation or joint ownership.

Legal basis: Article 1156 of the Civil Code of the People's Republic of China Article 1156 The division of the estate shall be conducive to the needs of production and survival, and shall not harm the utility of the inheritance. Inheritances that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership.

If you can prove that some of your uncle's property was his personal property before the marriage, then it is his personal property. Others can't divide it, and after your aunt's death, her property will be divided equally among the heirs in the first order, and her mother won't earn much of it.

According to your situation, the second son who has been compensated before the old man comes to the old man should be divided equally according to the actual number of heirs. There is no need to divide it up to the second son.

1. Find out the old man's inheritance first. For example: 70 square meters of real estate, 5w deposit, 12w car accident compensation, and 15 months of average salary compensation after death.

2. Determine the scope of heirs. That is, 5 children (two sons and three daughters).

3. The elderly do not have a will, and the five children should jointly divide the estate.

If the negotiation fails, does my mother have the right to take priority in possession of the new house?

First, your stepfather's unnotarized will is partially valid; Since the old house is the joint property of the husband and wife, half of your mother's property should be divided first, and your stepfather will have the right to dispose of the remaining half.

Secondly, the same is true for the new house, half of your mother's own, and the remaining half will be inherited according to the provisions of the inheritance law.

The old house is according to the will, and the rest of the property is inherited according to the law.

It is best to consult in person.

Since the old and new houses are the joint property of the husband and wife, half of the property rights of the old and new houses are owned by your mother, which has nothing to do with inheritance. Your stepfather's notarized will is valid as long as it is genuine, the other half of the old house is owned by your stepfather's son, and the other half of the new house is jointly inherited by the person who has the right to inherit.

Your father's will is valid and executed according to the will, and the rest of the house that you divide your parents, brothers and sisters before marriage, and borrowed money to buy according to legal inheritance, because later the marriage real estate certificate is written in her name, may I ask if you want to divorce, how should the property be divided?

Divide according to the relevant laws and regulations, help solve and witness.

Hello this friend! If what you say is true, and there is corresponding evidence, and the corresponding procedures and real estate deeds can be proved when you bought a new house, then the house belongs to your personal property, not your father's estate, and your mother and your brother have no right to inherit the property of the non-heirs.

First of all, consider whether you and your previous contract for the sale and purchase of the house is valid, and if so, the house is owned by you personally, and your mother and brother are not entitled to inherit it. According to the current policy, you do not have the right to buy a house on rural collective land in Beijing, and your sales contract is invalid. The validity of your previous contract will be analysed based on specific evidence.