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The general situation is equal sharing, you support more elderly, you can claim more points, and if the negotiation fails, you will sue the court to settle it, but you need to provide evidence that you support the elderly more.
Inheritance Law of the People's Republic of China.
Chapter II Statutory Inheritance.
Article 9 Right of inheritance.
Equality. 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 be used.
Mediation or filing a lawsuit in the people's court.
Extended information: Inheritance is a legal system, and inheritance can only occur under certain conditions.
1. Inheritance shall be inherited by the decedent (in real estate.
It can only happen after the death of the person who left the property. This is the first condition for inheritance.
In order to avoid disputes over real estate in the future, some property owners hand over the property rights to the heirs before their deaths, such as distributing them to one or each of their children, which is also a legal act, but this is not inheritance, because the inheritance has not yet begun, but a gift before death.
2. The person who inherits the estate shall be the legal heir of the decedent, that is, the heir who can be the heir in accordance with the provisions of the law. This is the second condition of inheritance. If the decedent makes a will, designates the property to someone other than the legal heir, or donates it to the state or the collective, this is also the way in which the decedent disposes of the estate, but this is not an inheritance but a bequest.
3. The inheritance shall be the property of the deceased who belonged to the individual during his lifetime. This is the third condition of inheritance. Some properties are co-owned, such as the common co-ownership between husband and wife, and when one of the spouses dies, not all of the property becomes an inheritance.
In this case, the property rights of the property should be divided first, and the share belonging to the spouse of the deceased (unless agreed, half of the share of the real estate should generally be divided) should be divided, and then the inheritance should be carried out.
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; There is a bequest maintenance agreement.
shall be handled in accordance with the agreement. After the death of the deceased, if he or she made a will during his lifetime, or if he had been involved in a certain social organization.
or where an individual has signed a bequest and maintenance agreement, it shall first be in accordance with the will or bequest and maintenance agreement.
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Generally, it is handled in accordance with 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. If the house belongs to the joint property of the husband and wife of the elderly, the part belonging to the spouse is first divided, and the remaining part is inherited by the corresponding heirs.
Regarding the death of the elderly, how to distribute the property, the following is a detailed answer for you.
1. How to distribute the property when the old man dies.
1. When one of the elderly deceases, the distribution of real estate is as follows: it is generally handled in accordance with legal 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.
It is worth noting that if the house belongs to the joint property of the husband and wife of the elderly, the part belonging to the spouse is first divided, and the remaining part is inherited by the corresponding heirs.
2. Legal basis: Civil Code of the People's Republic of China
Article 1122: [Definition of Inheritance]An inheritance is the lawful property of an individual left behind by a natural person upon his or her death.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
Article 1123: [Effect of Legally-Prescribed Succession, Testamentary Succession, Bequest, and Bequest and Maintenance Agreements] After the commencement of inheritance, it shall be handled in accordance with legally-prescribed 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.
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Inherit the inheritance! If you built the house, it would have been yours, and as for the land number, it belonged to the old man, and everyone had the right to share it.
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1.This phenomenon is likely to be as follows: 2The first is that the pump is not used for a long time, and the inside of the pump head is 11
This phenomenon is likely to be as follows: 2The first is that the pump has not been used for a long time, and the inside of the pump head is rusty, and the water page is stuck, which causes it to not start after powering on, and can only buzz. 3.
The second is that the starting capacitance of the water pump is attenuated very badly and cannot achieve the effect of starting. 4.The first reason is to find a way to get rid of the rust inside and it can rotate normally
This phenomenon is likely to be as follows: 2The first is that the pump has not been used for a long time, and the inside of the pump head is rusty, and the water page is stuck, which causes it to not start after powering on, and can only buzz. 3.
The second is that the starting capacitance of the water pump is attenuated very badly and cannot achieve the effect of starting. 4.The first reason is to find a way to get rid of the rust inside and it can rotate normally
It's rusty, and the water page gets stuck so that it can't be started after powering on, and it can only buzz. 3.The second is that the starting capacitance of the water pump is attenuated very badly and cannot achieve the effect of starting.
4.The first reason is to find a way to get rid of the rust inside and it can rotate normally
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When the old man dies, the house should go to the heir. According to the relevanceLaws and RegulationsIf the property belongs to the deceased elderly, then the heirs are first determined according to the gift agreement or will. If not, it needs to be distributed according to the inheritance rights, and the spouse, children, and parents are entitled to inheritance.
Legal analysis
If the house belongs to the joint property of the parents, and one party dies without a will, half of the house belongs to the estate, and the other party has no right to dispose of it alone. If the owner of the house is still alive, then he can go to the real estate office to transfer the property directly. If the ownership of the house belongs to the deceased deceased, then all children have the right to inherit the house.
After the death of the decedent, the property belongs to the decedent's testamentary heirs or legal heirs. If there is a maintenance agreement, the estate will be distributed according to the maintenance agreement, if there is a will, the estate will be distributed according to the will, and if there is none, then according to the relevantLaws and Regulations
Distribution of inheritance. The parents, spouses, and children of the deceased elderly enjoy the right of inheritance in accordance with the law, and under normal circumstances, the deceased elderly have half of the share of the property left behind, and this half share is at the disposal of the surviving parents, spouses, and children. Therefore, according toLaws and RegulationsThere is a gift or will, and the property belongs to the deceased according to the regulations.
If not, then the house is an inheritance, and spouses, children, and parents have the right to inherit.
Legal basis
Civil Code of the People's Republic of China 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 "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.
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The house belongs to the estate left by the deceased old man, and there is no legal and valid will left by the deceased (deceased old man) during his lifetime;
His estate enters the legal inheritance procedure and is divided among his legal heirs in the first order: the parents of the old man (if still alive), the legal spouse of the old man, and the children of the old man.
2. Before the inheritance begins, the debts, taxes and other expenses borne by the deceased during his lifetime shall be paid off in advance. The scope of repayment is limited to the estate of the decedent, and the excess part is not restricted by the heir's voluntary repayment.
3. Each heir can negotiate the division of the real estate left by the decedent, and the general principle is that the heir with slightly better economic conditions can compensate other heirs financially, and then obtain the sole ownership of the estate.
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If the old man has a will, whoever is specified in the will to inherit the estate will belong to whom, otherwise he can only inherit one-tenth of his estate, after all, there are his wife, parents, children, brothers and sisters.
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When the old man dies, the house should belong to the wife, who is the first heir, and then the children.
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When the old man dies, the inheritance of the house, if there is a will, it will be carried out according to the will, and if there is no will, it is generally inherited in the order of spouse, children, etc.
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First of all, it should be distributed according to the will of the old man, and if the old man does not have a will, it must be distributed in the order of the first heir and the second heir.
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If the old man has no house, who should it belong to? If there is a will, it will be executed according to the will, and if not, the children will be shared equally, which is prescribed by law.
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According to the law of inheritance, spouse, children, and parents.
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Who does the house belong to when the old man dies?
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The inheritance of the house under the name of the old man who died is: go to the neighborhood committee to issue a certificate of heirs, and go to the police station to issue a death certificate; Go to the district or municipal notary office to handle the notarization of inheritance rights, and go to the real estate surveying and mapping department to go through the procedures of surveying and mapping or transferring the area of the house; Hold the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate transaction center to apply for inheritance registration, go to the resident tax office for tax verification, and obtain the tax payment certificate for name change registration.
Legal basisArticle 14 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.
Where a party applies for registration of immovable property acquired by inheritance or bequest, it shall submit death certificates, wills or agreements on the distribution of immovable property by all legal heirs, and materials on kinship with the decedent, and may also submit notarized materials or effective legal documents.
Article 210 of the Civil Code.
The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
Article 1123.
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.
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If the house belongs to whom, it depends on who belongs to the household registration, and if it is an old man, it depends on who his inheritance is distributed to, and if it is distributed to, the house belongs to whom.
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Hello The old man dies and the house should belong to his children, and if the old man gives the ownership of the house in the will, then it belongs to the person in the will.
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The house belongs to the old man, the old man has passed away, and the house is mainly based on the will of the parties.
It is written in the will that whoever the house is divided into, then it can be divided to whomever it can be divided. If the children have any objections to the distribution of the will, they can go to the notary office to have the will notarized. If the old man dies relatively suddenly, he does not make a will.
Under normal circumstances, if the spouse is still alive, the house will belong to his spouse. The spouse has also passed away. Then the house may need to be divided among his children.
How to divide it exactly. , which is negotiated by the children of the elderly. If you can't negotiate, you can only go to court.
A will refers to a legal act that takes effect on the death of the testator and takes effect upon the death of the testator within the scope of the law and in accordance with the manner prescribed by law.
Legal basis
Civil Code of the People's Republic of China
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side. 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 1125:Where an heir commits any of the following acts, he or she shall lose the right of inheritance:
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) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;
5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.
Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.
Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.
There are no taboos, and the house where the old man in his own family has lived should be full of memories, not taboos, so don't be so particular.
The most important thing for the elderly to go to Zhejiang is to do a good job of protection during the epidemic, protect themselves, don't hurt others, pay attention to safety, pay attention to safety when walking and getting on and off the bus, and ensure food and drink.
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