A few problems with grandchildren s inheritance of grandpa s property? 16

The grandson is not the grandfather's legal heir, and the will made by the grandfather is a bequest in nature, and if the legatee wants to own the estate, he should make an expression of intent to accept the bequest within two months after the will takes effect. There are several ways for the testator to make a will: self-written will, written will, oral will, notarized will, etc.

Legal basis: Inheritance Law of the People's Republic of China

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.

Although the children of your grandfather's stepwife are not your grandfather's biological children, it depends on whether they have a relationship of support and support, if they have a relationship of custody and support, according to the inheritance law, your grandfather's stepchildren have the right to inherit, and you need to divide your grandfather's estate equally with your grandfather's biological children.

Grandpa's property cannot be inherited directly by grandchildren, unless there is a will specifying the right to the property to be left to a certain person; If the first child agrees to give up the right to inherit the property to the grandson, the grandson can inherit the property after signing the agreement to renounce the inheritance.

According to Article 25 of the Inheritance Law of the People's Republic of China, if the heir renounces the inheritance after the commencement of the inheritance, he shall make an expression of renunciation of the inheritance before the estate is disposed of. If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within two months after knowing that he has received the bequest, make an expression of acceptance or renunciation of the bequest, and if he does not do so by the expiration date, it shall be deemed to have given up the bequest.

An oral will is invalid and shall be handled in accordance with the statutory inheritance.

First of all, make it clear whether it is your grandfather's personal property before marriage, or the property formed together with your stepwife, if your grandfather and your stepwife have the property when they get married, it belongs to your grandfather's personal property, and has nothing to do with your step-grandmother, after your grandfather dies, there are several children such as your father to inherit. You have no right to inherit, only one of your fathers and one of them can inherit it, and then transfer it to you in the form of a sale.

Inheritance Law. Article 17 The notarized will shall be handled by the testator through a notary public.

The self-written will shall be written and signed by the testator, indicating the year, month and day.

A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.

A will made in the form of a recording shall be witnessed by two or more witnesses.

The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.

Legal Analysis: A grandson can inherit his grandfather's property. However, it should be noted that because the grandson is not the legal heir of the grandfather's brother, the grandson cannot inherit the grandfather's property through legal inheritance.

Legal basis: Article 123 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; If there is a bequest and maintenance agreement, it shall be handled in accordance with the source of the agreement.

1. Does the grandpa have the right to inherit the property?

1. The grandchild is not the legal heir, and the grandchild has no legal inheritance right for the grandfather's property. In special cases, the decedent's children died before the decedent, that is, the grandchild's father died before the grandparents; A grandchild can inherit the estate of the grandparents instead of the father, and can only inherit the share of the property that the father is entitled to inherit, i.e. subrogation.

2. Legal basis: Article 1127 of the Civil Code of the People's Republic of China.

The estate is inherited 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.

2. What is the process of property inheritance.

1. The heir first goes to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;

2. Go to the district or city notary office to handle the notarization of inheritance rights;

3. Bring the relevant materials to the real estate registration department for housing transfer registration.

Legal analysis: There are rights, but the grandson can only inherit the part of the property that belongs to the father, that is, subrogation, and if the grandfather has left a will to leave all the house to the grandson, then the grandson can inherit all the grandfather's real estate. Generally, real estate is inherited by the direct children of the decedent, and the grandson is the descendant of the heir, which belongs to subrogation, and the grandson, grandson, and great-grandson can be subrogated, and subrogation is not limited by generation.

In the case of subrogation, for the inheritors who lack the ability to work and have no income**, they can divide more in the distribution of the inheritance.

Legal basis: Article 1128 of the Civil Code of the People's Republic of China Where the children of the decedent die before the decedent, the direct descendants of the decedent's children shall inherit by subrogation. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.