Father s death inheritance inheritance law expert professional lawyer to give advice

First, if the father dies and has not made a will, the inheritance shall be carried out in the order of legal succession, and the father's children (that is, yours) spouse and the father's parents are the first heirs of the property and have the same distribution share. (It should be noted that your mother, as the co-owner of the property, should divide half of the joint property of the husband and wife, and the remaining half is your father's estate into the scope of inheritance);

Second, after the mother remarries, the mother's spouse (stepfather); Children (including dependent stepchildren) and parents are the first heirs to the mother's estate. The same heirs enjoy the same share of inheritance;

3. Article 10 of the Inheritance Law, inheritance shall be carried out in 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, the second-order heir shall inherit.

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

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Fourth, the principle of distribution after the commencement of inheritance:

1) Under normal circumstances, the share of inheritance shall be equal for heirs in the same order. That is, each heir shall distribute the inheritance roughly equally under the condition that the obligation to support the deceased and their respective economic conditions and working abilities are roughly the same.

2) Under special circumstances, the inheritance may be distributed unequally.

1) Heirs who have special difficulties in life and lack the ability to work shall be taken care of.

2) Heirs who have fulfilled their main obligation to support the decedent or who live with the decedent may receive more dividends when distributing the inheritance.

3) If the heirs who have the ability and conditions to support do not fulfill their obligation to support, the inheritance shall be distributed without or less. However, although the heir has the ability and conditions to support and is willing to fulfill the obligation to support, because the decedent has an independent life**, it is clearly stated that the heir is not required to provide living and labor services; In the case where the deceased really needs to be supported by the heir, and the heir is willing to support him, but the heir himself is a person who has special difficulties in life and lacks the ability to work, and therefore is unable to fulfill the obligation to support the decedent, the share of the inheritance due to them cannot be cancelled or reduced when the inheritance is distributed.

4) It may also be distributed unequally if the heirs agree through consultation. The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance.

The house after your father's death has three-quarters of your mother's, one-quarter of yours, and your mother can handle three-quarters of what belongs to her, and that agreement has legal effect. Now that they are divorced, you still hold a quarter of the property, you are 20 years old, and your stepfather has been involved in raising you since the age of 11, and you will have an obligation to support him in the future. As for what your mother does with the property in her name, that is her right, it belongs to the pre-marital promise, and it is also valid, and the three-quarters may be divided equally between your mother and stepfather, and the debts are divided equally between the two of you, and it has nothing to do with you.

Of course, your brother is underage, and who he follows should also be properly considered.

I'll take it one step at a time. 1. When your father dies, the house is half of your share with your mother (jointly owned), and your mother is your guardian and can keep your share for you. However, according to the general principles of civil law, the guardian shall not carry out any legal act against the ward's property.

So she only has the right to dispose of her half of the agreement, and the other half of the house in the agreement, i.e., your share, is invalid. In this way, half of the house belongs to you. The other half share is shared by your mother with your stepfather by agreement.

However, you did not make it clear in your question what the nature of the "share" mentioned in the agreement is. If it is not said in the agreement, it is a co-ownership relationship by default. Then the share is split in half.

So at the time of divorce you have half of the share of the house.

house you have a quarter.

Legal Analysis: In general, inheritance begins at the time of the father's death. Those who have a will inherit according to the will, and those who do not have a will must inherit according to the law.

If there is no dispute among all the heirs, the inheritance can be notarized and confirmed. The heir should go to the notary office to notarize the inheritance and receive the notarial certificate of inheritance. When applying for an office certificate, it is necessary to provide the death certificate of the parents, the real estate certificate, the list of legal heirs issued by the public security organ, the ID card of the heir, the household registration book, etc., and the will made by the deceased must also be provided when applying for testamentary succession.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out in the following order.

1) 1st order: spouse, children, parents 2) 2nd order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it will be inherited by the first-order heir, and if the second-order heir does not inherit, if the first-order heir inherits, it will be inherited by the second-order heir.

Legal analysis: 1. Children who apply for the transfer of inheritance of real estate need to determine their inheritance rights, and if their parents have other legal inheritances, they need to obtain a written letter from other heirs agreeing to give up the inheritance rights of real estate before they can handle it; If the parents made a will during their lifetime, it should be executed in accordance with the agreement in the will.

2. Children who apply for the transfer of inheritance of real estate also need to obtain the death certificate of the deceased and their own heir certificate. The death certificate of the decedent needs to be handled at the public security bureau where the decedent's household registration is located; The certificate of heirs needs to be handled at the Municipal Public Security Bureau or the District Public Security Bureau.

3. Children who apply for the transfer of inheritance of real estate also need to go to the notary office for notarization and receive the notarial certificate of inheritance. When notarizing, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house must be provided, and the original will should also be submitted.

4. After obtaining the above certificates, the children who apply for the transfer of inherited real estate can bring relevant information, including their own identity documents, identity certificates, parents' death certificates, real estate certificates and other materials to the housing management transaction where the house is located to apply for the transfer procedures.

5. The real estate transfer involved in the inheritance of real estate is the same as the real estate transfer involved in other situations, and the relevant taxes and fees need to be paid, and many taxes and fees are related to the first class of the house, so we also need to do the assessment of the house.

The appraisal company will make a professional analysis and property price appraisal according to important factors such as the road section, sitting direction, floor, and age of the house, and determine the accurate market value of the property. This assessment report needs to be submitted to the property management.

6. After paying the taxes, we can come to the housing management again to go through the house transfer procedures.

Legal basis: Civil Code of the People's Republic of China

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 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. 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.