First, my father may have made a will before his death, so the court will support my uncle to divide the estate. Many years after his father's death, my uncle, who was far away from home, actually came to divide the property left by his father. The nephew believes that the property left by his father's death was made by his father and mother and should be left to his mother for old-age care. My uncle shouldn't divide the house for free.
According to Article 123 of the Civil Law, if there is a will, it shall be inherited according to the will; If there is a legacy support agreement, it shall be handled in accordance with the legacy agreement. This situation may be that my father made a will before his death, in which it was stated that the house was part of my uncle. The court's inheritance by will is superior to legal inheritance, and of course it will support my uncle.
According to the provisions of the Civil Code, a natural person can make a will on his personal property and can appoint an executor. The designated legal heirs can be one or more.
If the house in this case is jointly owned by husband and wife, it can only be distributed to the personal property of the decedent's uncle, and the rest will be inherited by the decedent's wife. In the will, if the decedent does not distribute the property to his son, the son has no right to inherit the decedent's property.
The decedent rarely leaves his house to his brother in a will, usually to his children. In this case, it is understandable if the uncle is fighting for the inheritance according to the will, but if it is the following situation, it is estimated that even relatives can't do it.
Second, the inheritance left by my father has been transferred, and the inheritance should be allocated to my uncle. In this case, many years after my father died, my uncle who was far away from home came to divide the inheritance, but he was supported in court. One of the reasons may be that there has been a transfer.
The Civil Code stipulates two levels of succession order. The first heirs are spouses, children and parents. The second order is brothers and sisters, grandparents and grandparents.
According to the legal basis, after the beginning of inheritance, the first heir inherits the inheritance, and the second heir has no right to inherit; If the first heir cannot inherit, the second heir will inherit the estate.
Uncle is the second heir. In the first order inheritance, only when the decedent's parents die can the uncle be qualified to inherit the inheritance, that is, the nephew's grandmother or grandfather did not inherit the inheritance after his father died.
If the house is jointly owned by husband and wife, the wife should take half, and the remaining half should be inherited by the son and parents. If only one parent is left, then the son and the decedent's parents each account for a quarter.
When the decedent's parents died, a quarter of his estate was transferred to the decedent's parents' children, so the decedent's brother had the right to inherit.
In this case, the uncle may be the only brother and sister of the decedent, and the property inherited by his parents should be inherited by the uncle. If the total value of the house is 1 10,000, my uncle can probably get about1.20,000.
According to Article 125 of the Civil Code, an heir will lose his right of inheritance in any of the following five circumstances. These five situations are intentional killing of the decedent, killing other heirs for competing for inheritance, abandoning or abusing the decedent, forging or tampering with the will, and forcing the decedent to make a will by threatening means.
If the uncle does not have the above five situations, the uncle should get his share of the inheritance, so the court will support the uncle. However, although my uncle got the inheritance, he lost a family relationship.
To sum up, many years after my father died, my uncle in my hometown actually wanted to divide the inheritance, but the court supported my uncle. There may be two reasons for this, that is, the decedent made a will before his death and inherited it.