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Question:

My family has five brothers. My dad has lost (did not leave a will), the mother only. My parents built the house for a long time (50 years). One of my brothers married and took on its own, this sister-in-law whose husband is dying to ask my mother to sign the papers she wills to receive a portion of her husband (she had three children with my sister). Ask your sister-in-law's request had no legal right?

Reply:

The house is owned by a parent peers created during the marriage, so this house is the common property of your parents. Under the provisions of the Law on Marriage and Family, in principle, to divide their common property, common assets will be divided.

Your father lost without leaving a will, so the inheritance of your father (half house) will be divided according to the law, which is divided among the heirs of the most include : year of your siblings, your parents, your grandparents (if still alive).

Because your letter does not mention the lost children before or after you lost your father, should be divided into two cases:

First, if you take them before your father is your brother's three children will inherit your assets so that your children would have earned (equally divided between the children of your children).

Second, if you take after your father you are part of your property that you would have earned will be divided among my three children, my wife, you and you.

author

About Me: Lê Minh Tuấn

Luật sư, Giám đốc / Lawyer, Director

Tư vấn thương mại quốc tế / International Trade Consultant

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