User consultation:
There are two inheritance cases, the plaintiff is the parents of the deceased and the defendant is the husband of the deceased. What evidence does the plaintiff need to prepare for prosecution? In addition, because the real estate license is not in the plaintiff's hand, I don't know where it is, how can I get it? If the name of the defendant is written on the real estate license now (the real estate should be the joint property of husband and wife), will it affect the lawsuit?
Lawyer Lin Meng of Yunnan Tianwaitian Law Firm replied:
Evidence material
(1) When the plaintiff brings an inheritance lawsuit to the people's court, it shall submit the following evidential materials:
Proof of identity and kinship (such as household registration book, unit or neighborhood Committee certificate).
To prove that the party concerned is the legal heir, it shall submit the marriage certificate, household registration book or the certification materials issued by the public security organs, residents' committees, villagers' committees and other relevant departments.
If the party concerned is a person with no capacity for civil conduct, a person with limited capacity for civil conduct or a mental patient, it shall submit a large number of proof materials issued by his guardian, such as the original and photocopy of his identity card or household registration book, or proof materials issued by the public security organs, residents' committees, villagers' committees and other relevant departments.
(2) If there is an entrusted agent and the agent is an ordinary citizen, the power of attorney and the identity certificate of the agent shall be submitted and notarized.
(3) The evidence to prove the legal relationship of statutory succession or testamentary succession is as follows:
Evidence that inheritance proves the establishment of legal inheritance relationship:
The death certificate of the deceased.
(2) Proof materials of the decedent's marriage, childbirth, supporting parents and raising children (if there is death among the legal heirs, submit specific death events, death certificates and basic information of their legitimate children).
(3) If it is proved that the decedent adopted a child, a certificate of adoption relationship shall be submitted.
(4) If it is proved that the decedent is not an heir, and relies on the decedent to support him, and he lacks the ability to work and has no source of income, or proves that the decedent was raised by the decedent, the parties concerned shall submit a certificate issued by the unit to which the decedent belongs, the residents' committee or the villagers' committee.
real estate consultation
The real estate license can be inquired by the housing registration authority (usually the real estate bureau).
Real estate ownership
The name of the defendant written on the real estate license does not affect the nature of the same property of husband and wife.
Lawyer Lin Meng's analysis:
Is all the property inherited by the only child after the death of parents?
Before his death, he can only make a will to make it clear that the property will be inherited by the only child. If there is no will, it will be inherited in legal order.
First of all, if parents write a will when they are alive, it is clear that all the property under their names will belong to their children after death, which can't be changed by anyone, because China's marriage inheritance law clearly stipulates that the effect of testamentary inheritance takes precedence over legal inheritance. Of course, if the property is inherited as an inheritance, the heirs of the debts left by the decedent are also obliged to repay, but only the inherited property can be returned. After the property is returned, the rest can still be inherited. If the property is not returned enough, the creditor can no longer ask the heir to return it. And the property right obtained by inheritance takes effect from inheritance, that is, the property right of the house can be obtained without registration, but if it is to be disposed of, it needs to be changed and registered in its own name.
Secondly, if parents don't leave a will, then the rule of legal inheritance takes effect. If one of your parents died and your grandfather is still alive, you are not the only legal heir in the first place. First, the legal heirs include: parents, spouses and children.
A well-known expert in marriage and family law in Yunnan Province, a partner of Yunnan Tianwaitian Law Firm, and the director of the Marriage and Family Law Center. Lawyer Lin Meng has been practicing for several years, and has solved marriage and family problems for more than 1000 clients so far, with rich litigation experience.
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