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How to bring a lawsuit for inheritance

Time: 2024.02.23 label: marriage and family Inheritance Reading: 912 people
Lawyer's analysis:
Inheritance Dispute lawsuit:
1、 Writing Indictment
2、 Preparation evidence Material Science;
3、 Bring a lawsuit to the court;
4、 Submit the prosecution materials and wait for the court session.
heir It should be handled through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity inherit Question.
The time, method and share of the division of the estate shall be determined by the successors through consultation;
If negotiation fails people's mediation Mediation by the committee or filing with the people's court litigation
Legal basis:
Article 1132 of the Civil Code
Successors should deal with inheritance issues through consultation in the spirit of mutual understanding and mutual accommodation, harmony and unity.
The time, method and share of the division of the estate shall be determined by the successors through consultation;
If the consultation fails, the people's mediation committee may mediate or bring a lawsuit to the people's court.
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It depends on the specific situation. If both men and women did not agree that the premarital property should be jointly owned, then the premarital property should belong to their own and can be regarded as inheritance. Legacy is the legal personal property left by a natural person when he dies

According to the provisions of the provisional regulations on deed tax in China, the heir needs to pay deed tax when buying and selling the inherited house, and the deed tax is generally borne by the buyer. The so-called deed tax refers to the transfer of the house or land to the transferee or

Cannot inherit. The right of residence is set up by the owner of the house for the relatives of a specific status relationship, which has the personal specificity. Because of this personal restriction, the right of residence can only be applied to natural persons and cannot be freely transferred and inherited. Once the obligee dies, the right of residence will

Selected pictures and texts Pufa video Voice Answers
  • Do children's inheritance rights after divorce have to wait until death

     Lawyer Xu Weidong

    Lawyer Xu Weidong

    Generally, children inherit property after their parents die, but children may obtain it in advance if their parents dispose of individual property legally before they die. Divorce does not affect children's right to inheritance. As long as children are not deprived of their right to inheritance due to violation of the law, parents are entitled to inherit as required after their death.

    Views: eight hundred and twenty-four 2024-09-21
  • How to deprive the right of inheritance

     Lawyer Yi

    Lawyer Yi

    If a successor commits any of the following acts, he shall lose his right of inheritance: deliberately maiming the life of the deceased; Murder other heirs in order to fight for the inheritance; Abandon the decedent, or severely maltreat the decedent; Forge, distort, conceal or destroy wills, and the circumstances are serious; Forcing or obstructing the decedent to establish, change or revoke the will by means of fraud, threats, etc., and the circumstances are serious. It is worth mentioning that if the heir has the behaviors mentioned in Items 3 to 5 above, but does show repentance, and the heir expresses forgiveness, or lists him as the heir in the will, the heir does not lose the right of inheritance.

    Views: one thousand and twenty-eight 2024-09-21
  • How to inherit the inheritance to children after the second married husband leaves

     Fang Xiaohou Team Lawyer

    Fang Xiaohou Team Lawyer

    First of all, it must be clear and confirmed whether the director of your company has left a legally effective and valid will. If such a will does exist and the property is designated to be enjoyed by the son, it should be handled strictly in accordance with the will. If there is no such will, what we are facing now is the issue of statutory succession. Under such a legal inheritance framework, your company's children, as one of his direct heirs, certainly have the right to inherit this property. Similarly, you have the corresponding inheritance rights as a marital partner. However, the final exact inheritance ratio still needs to be accurately assessed according to the number of heirs and the actual situation.

    Views: eight hundred and forty-two 2024-09-21
  • Does the will still need to be notarized

    Lawyer Yi

    There are five main forms of wills: notarial wills, self written wills, written wills, recorded wills, and oral wills. A notarized will is a will that has been justly dealt with according to the law; In addition to notarized wills, the other four wills are valid as long as they meet their own constitutive requirements and do not need to be notarized. Compared with other four kinds of wills, notarial wills have the highest effect.

    Play volume: one thousand and forty 2023-03-30
  • What is a joint will

    Lawyer Wan Luyong

    A joint will is a will made by two or more testators. Joint testament can be divided into joint testament in the formal sense and joint testament in the substantive sense. The so-called formal joint will is also called simple joint will, which means that several wills with independent contents are recorded in the same will.

    Play volume: eight hundred and eighty-nine 2022-06-09
  • How to Notarize Legacy Support Agreement

    Lawyer Wan Luyong

    For notarization of legacy maintenance agreement, both parties shall apply in person to the notary office at the place where the legator or the foster is domiciled. If the legator is unable to go to the notary office in person due to old age, disease or other reasons, the notary can go to his residence to handle the matter.

    Play volume: three hundred and fifty-two 2022-06-09
 Lawyer Kong Lingbin

Shanghai Zhengce Law Firm

Kong Lingbin, lawyer, male, graduated from East China University of Political Science and Law with a bachelor's degree in 2007. In 2009, he worked as a full-time lawyer, and his main business scope included commercial real estate, bank insurance and automobile Legal risk prevention of financial and other enterprises (legal affairs involving the company's contract, equity, creditor's rights and debt) ), and has served China Construction Bank (Pudong Branch), Bank of China (Pudong Branch), and China Ping An Property and Casualty Insurance Co., Ltd. (Zhejiang Branch) and other enterprises handled more than 500 cases, He has accumulated rich professional experience. There are successful cases that have been sent back for retrial by the High Court, and the High Court has directly changed the judgment. two thousand and twenty In July 2006, we successfully reached a settlement agreement with a subsidiary of a well-known automobile group for the customer. Before the bankruptcy of the parent company We have recovered all the economic losses for our customers and are highly praised by our customers. In the field of litigation and legal services, he is good at handling various civil and commercial disputes, especially property disputes and company equity Litigation and arbitration of disputes, equity investment and other disputes.

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  • Who will pay the debt when the debtor dies without inheritance

    1315 people read

    When the borrower died without inheritance, the general debt disappeared. After all, debt repayment depends on the debtor's own money. If there is no inheritance, the creditor has no way, and the law cannot let others pay the debtor's money.

  • Is the inheritance divided into half by the spouse first

    1499 people read

    The inheritance division is not simple to divide in half. The spouse can only get half of the inheritance, and the other half is the inheritance, which should be inherited by the spouse, children and parents together. The right of succession of the first successor is equal. However, those who are particularly difficult and have no ability to work should receive more care. In the distribution of the estate, if someone has made major contributions to the decedent or has lived together for a long time, he or she can also share more. On the contrary, if someone fails to fulfill his/her maintenance obligations, he/she may not or can only receive a small amount of inheritance. Therefore, when dealing with the heritage, we should first clarify the ownership of the heritage, and then distribute it according to the law.

  • Is self built houses in rural areas a heritage

    1865 people read

    Under certain circumstances, self built houses in rural areas can be regarded as heritage. These houses are built by farmers themselves on collective land and can be inherited as long as they hold legal property rights procedures. However, it should be noted that the ownership of the homestead belongs to the collective economic organization, and the successor only inherited the ownership of the house.

  • How to calculate the order and proportion of property inheritance

    1635 people read

    In the process of inheritance according to law, the order of the heirs is: spouse, children and parents are the first order, without these three types of people, brothers and sisters, grandparents and maternal grandparents are the second order. In terms of distribution proportion, heirs in the same order shall be equally distributed in principle, but those who are in difficulty and have no ability to work shall be taken care of, as well as those who have fulfilled the main responsibility of upbringing or live together. Inheritors who fail to fulfill their maintenance obligations may not be able to obtain the inheritance.

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