How to divide inheritance when a parent dies

My parents got married in 1990. In 2015, my mother passed away without leaving a will. Three years later, my father remarried and had two more children. I discovered that there was a plot of land in my mother’s name. I am now 25 years old, with only my 80-year-old grandmother left, and my grandfather has passed away.

So how will this land be divided? I am the only child of my parents, and I don't want trouble with dividing the property later with my father's second family. So can I have my name on this land, and what are the procedures?

Reader Minh Tam asked Thanh Nien .

Cách chia tài sản thừa kế khi cha hoặc mẹ mất - Ảnh 1. — If there is no will, 50% of the deceased's estate will be divided equally among the spouse, biological children, adopted children and biological parents.

Consulting attorney

Lawyer Vo Thi My Huyen (PGL Nam Luat Law Firm), according to the information you provided, the land plot is only in your mother's name and when she passed away, she did not leave a will. However, you did not specify whether this land plot was created before or during the marriage between your parents. Therefore, the following two cases will occur:

In the first case, if the land was created before the marriage, when your mother passes away, the land becomes an inheritance, and will be divided according to the law for the first-order heirs (Article 650 of the Civil Code).

The first line of inheritance according to the law includes: "Wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, adopted children of the deceased". Therefore, when your mother dies, the inheritance is divided among: you, your father and your grandmother. Each person receives an equal share of the inheritance (Article 651 of the Civil Code).

In the second case, if the land was created during the marriage, even though it is only your mother’s name, it is still considered the joint property of the couple. If the contribution cannot be determined, your mother will own 50%, your father will own 50%. When your mother dies, her 50% will be divided equally among you, your father and your grandmother (Article 33 of the Law on Marriage and Family, and Article 651 of the Civil Code).

If you want to have your name on and have full land use rights for this plot of land, the first step is to declare the inheritance at the notary office or notary office in the province or city where the plot of land is located.

If the land plot was owned by your mother before the marriage, then during the process of declaring the inheritance, you must negotiate with your father and grandmother so that both of them can write a document refusing to receive the inheritance. Or you can make a document agreeing to divide the inheritance with the content: your father and grandmother give you all the inheritance they are entitled to for this land plot. Then, you go to register to update the name change.

If the land was created during the marriage, in addition to your father and grandmother having to have a written refusal to receive the inheritance as above, your father must also make a contract to donate or sell the remaining 50% of the ownership to you.

Source link