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The order of inheritance distribution refers to the order in which the heirs inherit the inheritance after the death of the decedent.
The estate shall be inherited in the following order:
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, maternal grandparents.
After the beginning of succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit. If there is no successor in the first order, the successor in the second order shall inherit.
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1、 Physical partition
Legacy On the condition that the principle of division is not violated, the division of property may take the form of physical division. The inheritance applicable to physical partition may be separable or indivisible. For separable objects, the overall physical objects can be divided. As for grain Food can be divided into the amount that each successor should inherit. But for indivisible objects, they cannot be divided as a whole, but only as individuals, such as televisions and refrigerators. If an indivisible object cannot be divided into physical objects, a discount shall be taken The method of price compensation.
2、 Price conversion segmentation
For an estate that is not suitable for physical partition, it may be sold in exchange for a price, and then each successor shall divide the price in proportion to his share of the estate and obtain the price corresponding to his share of the estate.
3、 Compensation division
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1. Generally, heirs in the same order should inherit the same share of the estate.
According to the general principles of inheritance distribution in statutory succession: When legal successors in the same order inherit the estate, they shall, in general, distribute the amount of the estate equally according to the number of successors. The so-called "general situation" refers to the legal heirs in the same order, each other's living conditions The situation is basically the same in terms of labor capacity and the obligations of raising, supporting or supporting the decedent. The so-called "equal distribution of inheritance" refers to the inheritance obtained by each legal successor in the same order The proportion of the amount of human heritage is the same, there is no obvious difference.
2. Under special circumstances, the share of inheritance of legal heirs may not be equal.
According to the relevant provisions of the law, special circumstances mainly refer to:
(1) For heirs who have special difficulties in life and lack the ability to work, care should be given when distributing the inheritance
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1. The case that one parent died and left a will
If one of the parents dies, he or she has his or her own distribution or idea about the property, and leaves a will, the property inheritance will be distributed according to the content of the will, which can reduce the internal contradictions of the family and is the fastest way of inheritance.
2. If one parent dies and the left property includes one party's personal property
If one parent dies and the property left by the deceased party involves the other party's personal property and has been established, the other party's personal property still belongs to personal property and is not within the scope of inheritance, the successor can only inherit the part of the husband and wife's common property.
3. The situation that the property left behind by the death of one parent is common property
When one parent dies and the left property is the joint property of the husband and wife, inheritance shall be carried out according to the legal inheritance rules and order.
Succession in sequence as stipulated in the Civil Code: the first order is spouse, parents and children, of which the children mentioned in the legal provisions include legitimate children, illegitimate children, adopted children and step children with dependency relationships, and the brothers and sisters mentioned include siblings with the same parents, half siblings or half siblings, adopted brothers and sisters Step brothers and sisters who are dependent.
The parents mentioned include biological parents, adoptive parents and step parents who have a dependency relationship. The above persons are the first heirs and can inherit the property left by one of their parents after their death. If there are other special agreements and conventions, they should be distinguished in detail.
If there is no heir in the first order or if both of them decide to abandon the inheritance of property, the heir in the second order shall inherit. Successors in the second order: brothers and sisters, grandparents, maternal grandparents.
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1、 How to distribute the property after the death of one spouse?
Property after the death of one spouse Estate distribution It is to divide half of the common property of the husband and wife into the possession of the spouse first, and the rest part is the first order heir Equal inherit The first order heirs are generally spouses, children and parents, who can equally divide the deceased's personal legal property. However, the order of succession stipulated in the Civil Code cannot replace that of the parties will , but a will cannot infringe upon another's property.
Unless otherwise agreed, if the estate is divided, half of the property jointly owned by the husband and wife during the duration of the marriage relationship shall be allocated to the spouse first, and the rest shall be the estate of the decedent.
Successors are divided into the first order: spouse, children and parents. The second order: brothers and sisters, grandparents, maternal grandparents.
Successors in the same order shall generally inherit in equal shares. When distributing the estate, consideration shall be given to heirs who have special difficulties and lack the ability to work. When distributing the estate, a successor who has made major contributions to the decedent or who lives with the decedent may receive a larger share. Have the ability to support and
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Belongs to, with the exception of the property specified in the will or gift contract as belonging to only one party.
Article 1062 of the Civil Code stipulates that the following property acquired by the husband and wife during the period of marriage shall be the joint property of the husband and wife and shall be jointly owned by them:
（1） Wages, bonuses and labor remuneration;
（2） Income from production, operation and investment;
（3） Income from intellectual property;
（4） Inherited or donated property, with the exception of the third item of Article 1063 of this Law;
（5） Other properties that should be jointly owned.
Husband and wife have equal rights to dispose of their common property.
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Consultation on estate distribution
Legal Counsel Recent reply:
Generally, lawyers are charged according to the complexity of the case and the economic level of each place. The fees involved in lawyers include regular fees, lump sum fees and risk fees. There are three stages of lawyer fees, namely, first instance fees, second instance fees, and execution procedure fees. Risk charges refer to charging less fees before the execution of judgment, mediation and settlement, and charging higher fees after winning the lawsuit or the execution of the payment. The charge standard is about 2000-10000 in the early stage, and 10-30% of the amount won or executed after winning the lawsuit.
Legal Counsel Recent reply:
1. Charge by piece (1) No property dispute: between 6000 yuan and 20000 yuan; (2) Legal documents: between 600 yuan and 2000 yuan; (3) Witness of lawyer: between 2000 yuan and 10000 yuan; (4) Agency notarization: between 1500 yuan and 3000 yuan. 2. Charges for civil cases (1) The subject matter of dispute in the first instance is less than 100000 yuan: 7% for some, but not less than 5000 yuan; (2) The subject matter of dispute in the first instance is more than 100000 yuan but less than 1 million yuan: some 6%; (3) The subject matter of the first instance dispute is more than 1 million yuan but less than 5 million yuan: 5% for some; (4) In the first instance, if the object of dispute is more than 5 million yuan but less than 10 million yuan: some 3%; (5) In the first instance, if the subject matter of dispute is more than 10 million yuan but less than 50 million yuan: part 1%; (6) If the amount of the first instance dispute is more than 50 million yuan: 0.5% for some. 3. Charges for criminal cases (1) Investigation stage: 6000 yuan - 18000 yuan; (2) Review and prosecution stage: 6000 yuan - 30000 yuan; (3) Trial stage: 8000 yuan - 50000 yuan; (4) Acting for criminal private prosecution: between 6000 yuan and 60000 yuan; (5) For crimes involving national security, crimes involving criminal syndicates and drugs, and other major difficult cases, the agency fee shall be charged at 12 times of the above standard.
Legal Counsel Recent reply:
Civil subjects have the right to make certain decisions according to their own wishes and engage in certain civil activities according to their own wishes. However, the civil subject shall not engage in civil activities in violation of the law, public order and good customs. The act of a husband bequeathing property to a mistress based on an illegitimate extramarital relationship violates the general moral standards and ethical requirements, and does not conform to public order and good customs, so it is not allowed. However, if the mistress provides more support for the decedent, she may share the appropriate inheritance. [Legal Basis] Article 8 of the Civil Code of the People's Republic of China states that civil subjects shall not engage in civil activities in violation of law, public order and good customs.
Legal Counsel Recent reply:
A will written on behalf of the testator is a statutory form of will. If a will written on behalf of the testator is witnessed by more than two witnesses, and one of them writes on behalf of the testator, noting the next year, month, and day, and is signed by the testator, other witnesses, and the testator, the will written on behalf of the testator is legal and valid. [Legal Basis] Article 1135 of the Civil Code states that a will written on behalf of a testator shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, the testator and other witnesses, and the testator, the testator and other witnesses shall sign on behalf of the testator, and the testator shall note the next year, month and day.
Legal Counsel Recent reply:
If the wife insists on divorce during her pregnancy, the distribution of the husband and wife's common property can be negotiated by both parties. If the negotiation fails, she can bring a lawsuit to the people's court, which will make a judgment according to the specific situation of the property and the principle of taking care of the rights and interests of the children, the wife and the innocent party. [Legal Basis] Article 1087 of the Civil Code states that at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party. The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.
