2019-11-07 11:26
The biggest wish of elderly parents is that their
children can be united and harmonious
But in recent years, fisherman Old Wang's family
has had a grudge over the division of his father's inheritance
, and even went to court!
Internet data map
Until the appearance of his father's relics:
A "rusty iron box"...
One day in 2011, 52-year-old Wang Feng had not yet gotten over the sadness of his father's death, but received a summons from the court. , and the plaintiff turned out to be his mother and two sisters, Wang Liang and Wang Jing. The indictment states that they are entitled and justified to inherit part of 's father's inheritance, but Wang Feng did not give them their due portion. They requested the court to divide the inheritance in accordance with relevant laws and regulations and inherit part of the property they deserved.
The property of a fishing family
Wang Feng's family has made a living by fishing for generations. The three siblings grew up on the seaside with their parents. After reaching adulthood, his two sisters married one after another, and Wang Feng himself also married a daughter-in-law and lived with his parents. 's father has always been in charge of the family's economic power. The property Wang Feng gained from fishing with his father was all in his father's name. Even after Wang Feng left home to work for several years, his family's property was earned through the hard work of his wife and parents.
Wang Feng's father was diagnosed with terminal cancer a year ago. Wang Feng stayed by his father's side and tried his best to treat his father. Unfortunately, Wang Feng's father passed away. In the middle of the night on the day his father passed away, Wang Feng called his two sisters and they arrived at the hospital the next day. Subsequently, Wang Feng held a funeral for his father according to custom, and Wang Feng borne all the expenses of the funeral.
The story of the indictment
When Wang Feng got a copy of the indictment, he asked his mother why he and his two sisters were suing him to court. Even if a family has any conflicts, can't they sit down and talk about it first?
Wang Feng’s mother answered him that she did not go to sue Wang Feng with Wang Liang and Wang Jing. As for the signature, a few days ago, her two daughters asked her to sign a questionnaire to investigate whether Wang Feng and his wife treated her well, because signing represented Treat her well and she'll sign. Hearing this, Wang Feng didn't know whether to laugh or cry.
How to fry each other, how to fry each other
In court, Wang Feng expressed his agreement to divide his father's estate, but his two sisters should bear their father's medical expenses and funeral expenses before the division can be divided, and his wife also participated in the family labor and should be divided together. Participate in segmentation.
Wang Feng took out his father's medical expenses invoices and funeral expenses invoices, as well as the banquet list and return gift list, as well as the rusty iron box that contained all his father's precious things.
The iron box was opened in front of everyone. The contents inside were all wrapped in yellowed newspapers. Except for some food stamps, meat stamps and scattered banknotes, the rest were broken pipes and the most worthless ten pieces. A few old photos, photos of the family.
Wang Liang and Wang Jing were persuaded by the judge to go to the court and see their father's belongings. After reading it, they wrote an application to withdraw the lawsuit in court and decided that the three siblings would jointly support their mother.
Legal article link
"Succession Law of the People's Republic of China" Article 26 of the jointly owned property acquired by the husband and wife during the marriage, unless otherwise agreed, if the inheritance is divided, the jointly owned property shall be divided first Half of the property belongs to the spouse, and the remainder belongs to the decedent’s estate.
If the inheritance is among the common property of the family, when the inheritance is divided, the property of others should be divided first.
Article 33 of the "Succession Law of the People's Republic of China" When inheriting an estate, the taxes and debts that the deceased should pay in accordance with the law shall be paid off. The taxes paid and debts paid off shall be limited to the actual value of his estate. This does not apply to the amount that exceeds the actual value of the estate and is voluntarily repaid by the heirs.
Article 21 of the "Marriage Law of the People's Republic of China" states that parents have the obligation to support and educate their children, and children have the obligation to support and support their parents.
The judge reminded
that in real life, it is common to hear of fathers and sons turning against each other and brothers killing each other for the purpose of dividing inheritances. The family relationship that was originally thicker than water has completely changed in the face of money. The occurrence of inheritance disputes not only damages the affection between family members, but also affects social stability. The judge
believes that the key to inheritance disputes is prevention, and legal procedures and forms should be chosen to distribute the inheritance before death. Many inheritance disputes arise because the decedent failed to properly handle his property while he was alive, leading to inheritance disputes after the decedent's death. Therefore, we should get rid of misunderstandings as soon as possible, enhance our heritage awareness, and choose legal procedures and forms to distribute our heritage.
are born from the same roots, so why rush each other?
This brother is doing well!
Editor: Liu Qian
