The father died, the mother is alive, and the children have the right of inheritance. Children will inherit a quarter of the property belonging to their father, or the negotiated amount.
Article 11 Scope of Heirs and Succession Order of Inheritance Law
Heritage is inherited in the following order:
First order: spouse, children and parents.
second order: brothers and sisters, grandparents, grandparents.
Article 13 Distribution of Inheritance Law
The share of inheritance of heirs in the same order shall generally be equal. When distributing the inheritance, the heirs who have special difficulties and lack the ability to work should be taken care of.
Heirs who have made major maintenance obligations to the decedent or who live with the decedent * * * can get more points when distributing the estate. If an heir who has the ability and conditions to support fails to fulfill his obligation to support, he shall not divide or divide the inheritance. If the heirs agree through consultation, they may also be unequal.
Article 26 of the Inheritance Law
Unless otherwise agreed, if the inheritance is divided, half of the * * * and all the property acquired by the husband and wife during the marriage relationship shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent. If the inheritance is among the property owned by the family, when the inheritance is divided, the property of others should be divided first.
Extended information:
Loss of inheritance right:
According to the provisions of Articles 9, 11, 11, 12, 13 and 14 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Law of Inheritance:
1. If the heir intentionally kills the decedent, whether it is accomplished or attempted, it shall be.
2. If an heir commits any of the acts listed in Item 1 or Item 2 of Article 7 of the Inheritance Law, and the decedent designates the inheritance by will, the will may be confirmed to be invalid, and it shall be handled according to the provisions of Article 7 of the Inheritance Law.
3. Whether the circumstances of the heir's abuse of the decedent are serious can be determined from the time, means, consequences and social impact of the abuse. If the circumstances of maltreating the decedent are serious, whether criminal responsibility is investigated or not, it can be confirmed that he has lost his inheritance right.
If the heir maltreats the decedent in a serious way or abandons the decedent, if he does show repentance later, and the abused or abandoned person shows forgiveness before his life, it is not necessary to confirm that he has lost his inheritance right.
4. If an heir forges, falsifies or destroys a will, which infringes on the interests of an heir who lacks the ability to work and has no source of income, and causes difficulties in his life, it shall be deemed that his behavior is serious.
no unit or individual has the right to confirm the loss of the heir's right of inheritance unless it is confirmed by the people's court. Even if the heir violates the illegal act stipulated in Article 7 of the Inheritance Law, and the heir admits the existence of the illegal act, his inheritance right will not be automatically lost, and it must be confirmed through judicial procedures.
China People's Congress Network-Inheritance Law