Inheritance Ask for advice from the masters

Updated on society 2024-07-15
15 answers
  1. Anonymous users2024-02-12

    First of all, your eldest brother can transfer the ownership with the real estate certificate. However, his transfer of ownership was invalid.

    Secondly, in your case, I would suggest that you take the form of a lawsuit. Your parents died without leaving a will. The property should be divided between your brothers. However, there are several circumstances in which the right to inheritance is lost:

    1) Intentionally killing the decedent;

    2) Killing other heirs for the purpose of competing for an inheritance;

    3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

    4) Forging, altering, or destroying a will, where the circumstances are serious.

    In the absence of loss of inheritance rights, 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.

    If you want to fight by saying that the note was not written by you, it is not tenable, even if you do not stamp or put your fingerprint, but the handwriting can also be tested to be that you wrote it. I advise you:

    1.Your eldest brother's actions are clearly illegal, and you need to be able to prove that you have been threatened by him. And your note is not an expression of your true meaning.

    2.In the future, you should not state in any way that you have renounced the inheritance. As long as you repent, he has no right to ask you to renounce the inheritance. If you can't reach an agreement, you can settle the matter through litigation.

    3.If your eldest brother's property is transferred, you can ask the court to invalidate the transfer.

  2. Anonymous users2024-02-11

    Yes, but if the situation is forced, find a lawyer, it won't take effect, hehe, that thing, there's no need to fight, there is something to give, there is something to give, and the parents are saying that they don't want their children to be good for a lifetime, there is no need to fight, if it is necessary, let it be given to him If you want to say that your eldest brother is a ruthless species, and he is also an unfilial son1 It's boring, shameful, hehe, normal legal procedures, it's useless, you have a share.

  3. Anonymous users2024-02-10

    If you are coerced or fraudulent and renounce your inheritance, you should file a lawsuit, because the note is written by yourself, even if you do not have a signature and seal, or a fingerprint, if you cannot prove that there is fraud or coercion, you should also be deemed to have voluntarily renounced the inheritance, so the note cannot be written casually, and there is such a thing as handwriting.

  4. Anonymous users2024-02-09

    Can't. A stepchild who does not have a relationship of dependency is not entitled to inheritance.

    Article 10 of the Inheritance Law.

    The inheritance shall be inherited in accordance with 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 to inherit, it will be inherited by the second-order heir of Gao Yan.

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

    I don't know what you mean, there is no such thing as a stepmother in law, he is just a spouse. It is in this order that the inheritance is carried out. Spouse and children are divided equally among the estate.

  5. Anonymous users2024-02-08

    Your father has no right to inherit. After your aunt's death, your uncle inherits your aunt's estate as the first in line of succession, and after your uncle's death, if there is no first-order heir, the second-order heir siblings, grandparents, maternal grandparents, that is, your uncle's half-brother.

    Your father is your aunt's older brother and not one of your uncle's heirs, so your father has no right to inherit.

  6. Anonymous users2024-02-07

    Your father has the right to inherit your aunt's estate.

  7. Anonymous users2024-02-06

    First of all, it depends on whether your father took care of your uncle before his death, and if so, then your father has the right to inherit the inheritance!

  8. Anonymous users2024-02-05

    Your father can inherit your aunt's property.

  9. Anonymous users2024-02-04

    Jinan lawyer Xu.

    First of all, your mother can get an appropriate share of the inheritance, and the specific amount is determined by the court. The law stipulates that heirs who are unable to work shall be appropriately given more points for those who have lost their ability to work.

    Secondly, if your grandmother has been obliged to support your mother after marrying your grandfather (for example, your mother was a minor or mentally ill and could not take care of herself, and was raised by your grandmother) and is now able to support you (I don't know what your mother's condition is) should be raised.

  10. Anonymous users2024-02-03

    1. First of all, the property picnic is the joint property of your grandfather and grandmother. 1 of 2 of them are distributed as inheritance. If your mother's situation is disturbing, you should take care of her when distributing the estate (there is a legal basis).

    2. Although there is no blood relationship, if the relationship between the two parties is formed in the early years, your mother still has the obligation to support your grandmother.

    The crows feed back, let alone us? Everyone has an old day.

  11. Anonymous users2024-02-02

    If the full ownership of the house is your grandfather's, as long as your aunt agrees to testify for you that the house is yours for you. If your grandmother is still alive, half of the house has to be your grandmother's. Now the inheritance tax is levied, and the owner of the house has passed away, in this case, the inheritance can only be transferred!

    The inheritance of a house means that after the death of the decedent, the property belongs to the decedent's testamentary heirs or legal heirs. Therefore, only the decedent's house can be inherited if it has legal property rights. When an inheritance occurs, if there are multiple heirs, the property should be divided in accordance with the will and relevant legal provisions.

    1. Procedures for inheritance of real estate.

    The inheritance of real estate should first go to the notary office of the inherited real estate to handle the notarization of real estate inheritance, and then go to the real estate transaction center to go through the real estate inheritance procedures.

    1) Notarization of inheritance.

    Inheritance notarization requires two certificates and two certificates.

    1. Go to the police station to which the decedent belongs to open the decedent's death certificate and keep an eye on it;

    2. Go to the deceased's unit (or neighborhood committee or village committee) to issue a certificate of heirs;

    3. Proof of identity of the heir;

    4. The inherited real estate certificate or other supporting documents.

    If there is more than one legal heir and the property is transferred to only one of them, the written consent of the other person is required to renounce the inheritance of the property.

    5. The will made by the deceased before his death (in the case of testamentary succession).

    2) Go to the real estate transaction center to handle the materials required for real estate inheritance.

    1. Certificate of house ownership;

    2. Inheritance notarization;

    3. ID card and copy of the heir;

    4. Application for house ownership registration (received at the reception window).

    Note: a. If the housing is renovated and the affordable housing is inherited, it is also necessary to provide the "Review Letter for Housing Reform and Sale" and the "Approval Form for the Examination and Cancellation of the Application for the Listing and Transaction of the Purchased Housing" (received at the receiving window);

    b. If the heir cannot handle the return in person, the power of attorney or notarial certificate and the trustee's ID card and copy shall be submitted;

    c. If the court judgment is made, the court judgment and the notice of assistance in enforcement shall be submitted;

    d. If the heir is a minor, the original and copy of the guardian's ID card must be submitted.

    c) Required expenses.

    1. Inheritance notary fee.

    The inheritance notary fee is charged at 2% of the appraised value of the real estate inherited by the heir or 2% of the beneficiary amount, with a minimum of not less than 200 yuan.

    2. Real estate value appraisal fees.

    Grade Total amount of subject matter (10,000 yuan) Progressive billing rate Document basis.

    1 100 or less (including 100) 5 Jing Price (Fang) Zi [1997] No. 419.

    2 101 to 1000%.

    3 1001 to 2000 %.

    4 to 5000 % above 2001

    5 5001 to 8000 %.

    6 8001 to 10000%.

    7 10000 or more.

    3. Taxes and fees for inheritance and transfer of real estate.

    It consists of a contract stamp duty on the appraised value of the house, a registration fee of $100, and a warrant stamp duty of $5.

    4. Deed tax: The legal heirs inherit real estate and are exempt from paying deed tax; If the non-statutory heir inherits the ownership of the house according to the will, he or she needs to pay the deed tax.

  12. Anonymous users2024-02-01

    As soon as possible, let a few aunts Shan Pei confirm the matter in writing, and clearly renounce the right of inheritance in writing, and go to the Gongliang Yuan Certificate Office to do a notarization of the inheritance of the inheritance of Jing Wei collapse documents, the real estate department can handle the transfer procedures for you, notarization, transfer are all money, specific fees can be consulted by the above departments.

  13. Anonymous users2024-01-31

    It is necessary to go through the inheritance notarization, and other heirs need to renounce the inheritance right. Then take the notarial deed of inheritance to the Housing Authority to go through the transfer procedures.

  14. Anonymous users2024-01-30

    You have to transfer the title to do it.

  15. Anonymous users2024-01-29

    Question 1: According to the provisions of the inheritance law, your grandfather's wealth and property are inherited by his children (the other heirs are no longer there), and your father is one of the heirs, but because your father died before the decedent, his direct blood relatives will inherit by subrogation, that is, by you and your brothers and sisters, if you are an only child, that is the share that you inherit that should be inherited by your father;

    Question 2, you don't explain your house very clearly, if it belongs to you or your father, then your uncle is definitely not qualified to divide your property;

    Question 3, you don't have the magic weapon obligation to support your grandfather, and you only have a moral obligation to support your grandfather, so whether you support it or not, it doesn't involve the relationship between your house and your uncle;

    Question 4, you have the right of subrogation and have the right to inherit the costume.

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