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After the death of the mother, the mother has half of the parents' property and the mother's half of the property, and the father gets half of the property first, and the other half is divided equally between the children and the father. If this is not acceptable, you can consult with legal counsel.
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When the mother dies, the marital property of the parents, half of the mother's is divided equally between the grandparents, the father, you and the siblings. The next thing is that after remarrying, you can inherit half of your father's future, but your stepmother's is not.
Hope, thank you.
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After the death of your mother, if your father remarries, the premarital property belongs to your father, and the marital property is jointly held by the husband and wife.
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Your father's property before remarriage is his personal property, and the income after remarriage is joint property. In the case of legal inheritance, the property before the remarriage is divided equally among the heirs such as the current wife and children.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate 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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First of all, half of your mother's share will be given to your father first. The rest half is for you. After your father remarried, your mother's share of the property became his pre-marital property.
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When the mother dies, you and your father are the first heirs, that is to say, the husband and wife and the children are the first heirs, and they have the right to divide equally.
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Your father and another person have obtained a marriage certificate, then, legally, the joint property of your father and him after marriage must also be divided equally, and the previous property belongs to your father before marriage.
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1.If the mother dies and she does not leave a legal and valid will, as long as the father and the mother are still legally married at the time of her death, and the parties have not gone through the divorce procedures before the mother's death, the father's remarriage occurs after the mother's death, and the father has the right to become the mother's legal first order.
2.After the father remarries, as long as he registers his marriage with the remarried spouse in accordance with the law, he and the remarried spouse enjoy the rights and obligations between husband and wife.
3.If the decedent did not leave a legal and valid will during his lifetime, after his death, he or she shall be the legal first-order heir: the decedent's parents.
4.The principle of inheritance distribution: take proper care of the heirs who have difficulties in life and lack the ability to work. Those who have fulfilled more maintenance obligations to the deceased during their lifetime.
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When the mother dies and the father remarries, for the division of property, if the father takes it and registers the marriage, his spouse has the right to inherit, so for the father's property, his second wife also has the right to inherit it
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First of all, the joint property of the husband and wife should be divided into half of the property, and then the half of the property of the deceased shall be jointly inherited by the spouse, children, and parents
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In case of legal inheritance, property before remarriage, current wife and children, etc. The heirs are divided equally.
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The deceased's parents, spouse and children have equal rights to inheritance. When her mother dies, half of her and her father's property is divided among the father, and the remaining half is divided equally among all the heirs.
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How to divide the property of the father's remarriage after the death of the mother? Your stepmother has a share of the property, and the rest of the children have a share each.
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After the death of the mother, the mother's share of the property is 50 percent, but the spouse inherits half of the inheritance and the remaining children inherit.
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I think if my mother dies and my father remarries, my father's property will be half of your mother's.
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If the mother dies, the father remarries or divides the property, and it is up to the father to decide, because after all, your father is still alive and the mother's estate is inherited by the father.
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When the mother died, the property was the joint property of the parents, and the spouse was the first-order heir, so the property was the sole property of the father, and it was the father's right to divide the property after remarriage.
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After the father remarries, the stepmother will definitely get a share of the property, and then your children.
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After the death of the mother, the father's remarriage property must be divided among the children, and it is impossible to get it from remarriage.
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How to divide the property of the father's remarriage after the death of the mother? I think that the share that your father has and the share that he doesn't have should be given to his father's other half. Sister, divide!
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It seems that the children really have no right to interfere with this, but part of your mother's property belongs to you and part belongs to your father.
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I think there are many families who have a bad relationship for property, in order to make money, the six relatives don't recognize each other, the parents are old, and it is very good that he can live without asking you for money, she has a little money, and they can enjoy themselves happily.
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Let's talk about the family, your father is alive and well, and he needs property in his life, so it is not appropriate to mention the division of property!
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A legal person can be consulted.
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How to divide the father's remarriage property after the mother's death? After the death of the mother, how to divide the father's remarriage property depends on the father's opinion, and the father will share it with whomever he wants.
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If your father has confirmed that he and his stepmother have received a marriage certificate, then your stepmother is the first in line of succession. In accordance with the law:The heirs in the first order shall be distributed equally, and may not be equal in special circumstances
Those who lack the ability to work with special difficulties in life can be given more points; Where the decedent has fulfilled the main obligation to support the decedent or lives with the decedent, more points may be shared; If the heir does not fulfill the obligation to support, he or she shall receive no or less share. <>
So in this case, your stepmother has the right to inherit all the property in your father's name, because it is the first in line of succession. And in front of the law, it is still more to take care of the weak, on the one hand, if your stepmother is older, or if she is incapacitated, then he may get more property, not equally. <>
If you want to avoid this kind of problem, you can ask your father to make a will first. In the case of a will, the law gives priority to the content of the will, and will distribute the family property in accordance with the will, but this is a special case, if there is no interest, the estate left by the father must be scored with your stepmother, which is also the legal rights and interests of the law to the stepmother. <>
According to the above statement, it can be seen that in front of the law, the inheritance rights have been clearly divided, so in order to avoid legal disputes, either make a will in advance, or before the father and stepmother get married, you have already thought of this layer, and now, if the father dies unexpectedly, as long as the two of them have a marriage certificate, your stepmother can inherit 100% of the father's family property.
Because your mother has passed away, when she dies, the property in the family must belong to your father, then now all the property belongs to your father, your father's partner is the first heir, she has the right to inherit any property, as long as there is a marriage certificate, no one has the right to deprive the stepmother of the right to inheritance, unless the stepmother is grossly negligent and can find relevant evidence.
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When your biological mother dies, you can inherit a quarter of the estate; If your father dies before your stepmother, your stepmother can inherit half of your father's and you will inherit the other half.
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The father's estate should be divided among his children and his present wife, who are legally his immediate family.
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The father's estate is divided equally between the child and his new and old spouses, because these people are his first heirs, so your stepmother also has the right to share this inheritance.
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Legal analysis: The father passed away and did not leave a will, and the inheritance was carried out according to the legal procedures. In the legal process, half of the mother's and father's property belongs to the father's estate and is jointly inherited by the father's parents, mother and children. It can be inherited evenly or unequally.
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.
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Legal analysis: If the mother dies before the father, in order to inherit the mother's estate, the joint property belonging to the parents must first be divided, which in principle is divided equally between the parents. The estate belonging to the mother is determined, and if the mother does not have a will, the inheritance is carried out in accordance with the legal order of succession stipulated in the Inheritance Law of the People's Republic of China.
Children have no right to distribution and inheritance until the remarried couple dies. The legal property belonging to the deceased can be used as an inheritance, and there are heirs to handle the inheritance. First of all, it depends on whether the deceased has a will to appoint an heir, and if there is a will, the inheritance must be executed in accordance with the will.
Legal basis: Civil Code of the People's Republic of China
Article 1126:Men and women are equal in inheritance rights.
Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in living and lack the ability to work 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 1131:Appropriate inheritances may be distributed to persons other than the heirs who rely on the support of the deceased, or to persons other than the heirs who support the deceased more.
Article 1132:The heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. 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 mediate or file a lawsuit in the people's court.
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