In the law of inheritance of remarried family property, if the decedent has a will, the inheritance will be subject to the will, which is more troublesome. If there is no will, it will be inherited in legal order. Below I sorted out the laws of inheritance of remarried family property.

Law on Inheritance of Remarried Family Property 1 1. How to inherit remarried family property

1. If the decedent made a will before his death, he will inherit it according to the will, otherwise he will inherit it according to the law;

2. The remarried object, as a couple's property, first enjoys half of the couple's property.

3. What is left is the decedent's estate, which is legally inherited, and its spouse (present), children (including stepchildren with dependency) and parents are all legal first heirs;

4. In principle, the inheritance should be equally distributed among the heirs in the same order;

5. If there is any objection to the allocation of shares, a third party may be invited to mediate or bring a lawsuit.

Second, what are the ways of testamentary succession?

In China, there are four ways of inheritance:

(1) Testamentary succession, that is, the decedent made a will before his death, and designated an heir to inherit his own estate.

(2) bequest, that is, the decedent made a will before his death, and gave the inheritance to people other than the state, the collective or the legal heir.

(3) Legacy support agreement, that is, the decedent enters into an agreement with the supporter, who undertakes the obligations of the decedent's life, support and burial, and all or part of the decedent's property is transferred to the supporter after his death. This method mainly appears when the elderly have no support.

(4) Legal inheritance, that is, in the absence of the above three situations, the law determines the order of inheritance distribution according to the distance of kinship.

If there are more than two ways of inheritance at the same time, among the four ways of inheritance, the legacy support agreement is the most effective, followed by testamentary inheritance and bequest, and the legal inheritance is the least effective.

What is the legal property of the decedent?

Inheritance is carried out around the testator's legacy, which is the personal legal property left by a citizen when he dies, including:

(1) citizen income;

(2) Houses, savings and daily necessities of citizens;

(3) Citizens' trees, livestock and poultry;

(4) Cultural relics, books and materials of citizens;

(5) The law allows citizens to own the means of production;

(six) the property rights in the copyright and patent rights of citizens;

(7) Other lawful properties of citizens.

Case of remarried family property inheritance law 1: dispute between children of both parties

Ms. Fu and Mr. Yan got married in 2009, and both parties remarried. And both of them had an adult son before they remarried. There are two properties under Mr. Yan's name, one of which is pre-marital property; The other set was bought after marrying Ms. Fu and recorded in the name of Mr. Yan.

20 1 1, Ms. Fu and Mr. Yan died in a car accident while traveling. In order to inherit the property, the children of both sides had a dispute and finally went to court.

Case 2: The stepmother took the will and went to court with her stepson.

Many years ago, Ms. Wang and Mr. Li remarried and formed a new family. Mr Li has two children with his ex-wife.

After marriage, in order to improve the living environment, Mr. Li and Ms. Wang bought a house and registered it under Mr. Li's name. 20 10, Mr. Li died of illness. Ms. Wang has been living alone in this house shared by two people. Later, because of the inheritance of the house, Ms. Wang had an argument with her two stepsons.

Ms. Wang believes that she has been taking care of the sick Mr. Li, and the children have not taken care of it. As early as 2005, Mr. Li made a will, saying that after his death, the real estate and property rights were inherited by Ms. Wang.

To this end, Ms. Wang took her two stepsons to court.

Case 3: After her father died, her daughter sued her stepmother.

More than 20 years ago, after Mr. Zhang divorced, his daughter was raised by his ex-wife. In 2002, Mr. Zhang and Ms. Zeng became husband and wife and formed a new family.

At the end of 20 14, after Mr. Zhang's death, Mr. Zhang's daughter found Ms. Zeng and asked to inherit her father's inheritance: a house, a car and her father's deposit of more than 100 thousand yuan in the bank. For Mr. Zhang's daughter's request, Ms. Zeng flatly refused and there was a dispute between the two sides. Mr. Zhang's daughter took Ms. Zeng to court.

What is the succession order of remarried families?

"When there is a conflict between legacy support agreement, will and legal inheritance, legacy support agreement takes precedence over will and legal inheritance, and testamentary inheritance takes precedence over legal inheritance."

According to Article 10 of the Inheritance Law: "In legal inheritance, the inheritance is in the following order: the first order: spouse, children and parents. The second order: brothers and sisters, grandparents, grandparents. Children mentioned in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. "

Therefore, in a remarried family, if inheritance is involved, the difference from ordinary family inheritance lies in the mutual inheritance between stepchildren and stepparents. In the absence of a will, the biological parents and children who remarried, and the stepparents and stepchildren who had a dependent relationship during remarriage, can inherit from each other. "

According to the provisions of Article 13 of the Inheritance Law: "The share of heirs in the same order shall generally be equal. When distributing the inheritance, we should take care of the heirs who have special difficulties and lack the ability to work. Heirs who have fulfilled the obligations of the main support agreement for the decedent or live together with the decedent can get more points in the distribution of the estate. If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate. If the heirs agree through consultation, they may also be unequal. "

In other words, after the death of one spouse in a remarried family, it needs to be analyzed in two situations. First, personal property before remarriage can be recognized as personal heritage, which is inherited by the remarried spouse of the decedent, the biological children of the decedent and the stepchildren supported by the decedent. Second, after remarriage, the husband and wife have the same property, so the share of the remarried spouse should be divided first, and the rest should be determined as the inheritable inheritance of the decedent, and then divided by the person who has the right to inherit.

According to the inheritance law, the inheritance rights of biological children of remarried families and stepchildren of remarried families are handled in two ways.

First, if the stepchildren have a dependency relationship with the decedent, their status in inheritance is the same as that of their own children, and they enjoy equal rights to divide the inheritance.

Second, if stepchildren don't live with remarried parents, there is no dependency relationship between them. In this case, stepchildren and biological children have different inheritance status and cannot enjoy the right to inherit the inheritance of stepparents.

Law on Inheritance of Remarried Family Property 3 Civil Code

Article 126 Men and women enjoy equal rights of inheritance.

Article 127 The scope and order of inheritance of the legal heirs shall be inherited in the following order:

(1) First order: spouse, children, parents;

(2) The second order: brothers and sisters, grandparents and grandparents.

After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order.

The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.

The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.

Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.

Article 128 If the decedent's subrogation inheritance children died before the decedent, the subrogation inheritance people are the direct descendants of the decedent's children.

If the decedent's brother or sister died before the decedent, the children of the decedent's brother or sister in subrogation inheritance.

Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that subrogation inheritance people are entitled to inherit.

Article 129 Inheritance Right of Widowed Daughter-in-law and Widowed Son-in-law If a widowed daughter-in-law has fulfilled her main obligation to support her in-laws, she shall be regarded as the first heir.

Article 130 The principle of inheritance distribution: Under normal circumstances, heirs in the same order shall inherit the same share of the inheritance.

Heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance.

Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate.

If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate.

If the heirs agree through consultation, they may also be unequal.

Article 131 The right of full inheritance may be granted to the dependents other than the heirs, or to those who have more dependents than the heirs.