Beijing criminal lawyer's father's debt and son's compensation

Ai Zhaochang Wu Tingsi, lawyer-financial planning consultant (AFP) "What do you think is the legacy?" If you ask me, my answer is: "Legacy is the last gift left to my family. But if the family members disagree on how to divide these gifts, and they fight for it, what should they do if they go to court? Some families even have criminal cases, you know? In practical experience, the importance of will is not as everyone thinks. Only "rich people" will go to court for inheritance. Moreover, direct division according to the law is not necessarily the least controversial way. I once handled a case. In this family, after my father died, I left my wife and two daughters. The inheritance only has a house and some deposits, and there are only three heirs. It looks simple! After his father died without leaving a will, the three heirs discussed how to distribute the inheritance, and finally reached the goal of distributing deposits according to the inheritance, and each person got 1/3. But what should I do with the house left by my father? Do you want to rent this house by the month? Or sell everyone and split the cash equally? Or who you live for? The eldest sister's family lives in it, insists on not moving, and is unwilling to pay rent to compensate others. How to solve things? Legacy, when the decedent "didn't" plan and arrange how to distribute it in the future, there are only two ways to deal with the distribution problem after his death: the heir talks about a "division agreement" scheme. However, as long as any heir is "unwilling" to sign the agreement, it is a pity that everyone will have to go to court to take the road of "estate division litigation." And "gifts" will suddenly become the reason why inheritors "dislike" each other. Therefore, in order to prevent a good "gift" from becoming a source of "disgust", it is necessary for the decedent to implement his idea of how to distribute it in a legally binding "will". Ai Zhao Chang Woottings, lawyer-financial planning consultant (AFP) "What do you think is the legacy? "If you ask me, my answer is:" Legacy is the last gift for my family. But if the family members disagree on how to divide these gifts, and they fight for it, what should they do if they go to court? Some families even have criminal cases, you know? In practical experience, the importance of will is not as everyone thinks. Only "rich people" will go to court for inheritance. Moreover, it is not necessarily the least controversial way to divide directly according to legal provisions. I once handled a case. In this family, after my father died, I left my wife and two daughters. The inheritance only has a house and some deposits, and there are only three heirs. It looks simple! After his father died without leaving a will, the three heirs discussed how to distribute the inheritance, and finally reached the goal of distributing deposits according to the inheritance, and each person got 1/3. But what should I do with the house left by my father? Do you want to rent this house by the month? Or sell everyone and split the cash equally? Or who you live for? The eldest sister's family lives in it, insists on not moving, and is unwilling to pay rent to compensate others. How to solve things? Legacy, when the decedent "didn't" plan and arrange how to distribute it in the future, there are only two ways to deal with the distribution problem after his death: the heir talks about a "division agreement" scheme. However, as long as any heir is "unwilling" to sign the agreement, it is a pity that everyone has to go to court to take the road of "estate division litigation". And "gifts" will suddenly become the reason why inheritors "dislike" each other. Therefore, in order to prevent a good "gift" from becoming a source of "disgust", it is necessary for the decedent to implement his idea of how to distribute it in a legally binding "will". The deceased can also tell his descendants in his will why he chose to leave what property to whom. What is the blessing behind this? There is a case around me: "My grandmother left a set of gold jewelry for her granddaughter because she wanted her granddaughter to wear it when she got married in the future, so that even if her grandmother is gone, her granddaughter can still get married with her deep love and blessing! Then grandma died first. When my granddaughter received this set of jewelry from the executor and said her grandmother's blessing, her heart was full of emotion and nostalgia for her grandmother! So I often tell the audience in my speeches: "The will is for my family: the last love letter. "When we read it with the feeling of writing a love letter, we don't feel that we have mentioned the stroke of bad luck! In addition, when discussing how to distribute the decedent's (parents') inheritance, many heirs will mention that they should respect their parents' meaning or account before their death (I call it "last wish") and leave certain property (usually worthless real estate) to someone (perhaps children or even grandchildren). A common myth is that wishes have legal effect. But I reiterate: the will has no legal effect, and other heirs cannot be forced to cooperate. A will is a legally binding document. How to make a will How to make a legally binding will? I will organize the contents of the law into the following table for your reference. What I share below is the "ghost will" or "notarized will" I recommend! As for the "self-written will", although it is in line with the law, it is equally effective. However, because there are no witnesses, if the heirs dispute the validity of the will, handwriting identification is generally needed; Even some administrative organs will be afraid to accept the application for registration based on the written will (for fear that the heirs will have disputes and they will be unlucky to be accused), so they still have to file a lawsuit to "confirm the validity of the will" through court procedures. In order to avoid these cumbersome procedures, it is recommended that ghostwriting or notarization will be the first choice. The above table explains to you that "minors" in civil law refer to people under the age of 20. At the age of 20, you will be an adult and can be a witness. In the will, no matter the testator, ghostwriter or witness, they must personally "sign" and "seal", so the will will be invalid! Other reminders of the will (1) When making a will, the executor is requested to arrange for the executor to take the will with him to assist in matters such as registration of the will, declaration of inheritance tax, bequest and delivery, and distribution of the estate after the death of the testator. And other heirs can't prevent the executor from performing his duties! With the executor, the executor becomes the first taxpayer of inheritance tax! Therefore, the testator is required to remember to "reserve inheritance tax sources" for the executor (arranging cash by insurance is one way). Before obtaining the "certificate of inheritance tax payment" or "tax exemption certificate" from the IRS, the estate cannot be transferred to the name of the heir or legatee. The executor can be an heir at the same time. (2) It should be divided into two parts. If the decedent has not made a will, the heir shall distribute the estate in proportion to the divided parts. If there is a will, please pay attention to it. However, the violation of special leave will not be invalid, but the person whose special leave is violated can exercise the right of deduction. For example, Chen's father died, leaving only two sons, while Chen's mother died a few years before Chen's father died. Suppose Chen's father has only 6,543,800 yuan. If Chen's father does not specify the distribution method in his will, the two sons can each allocate 5 million yuan (6,543.8+1 million yuan /2). If Chen's father has made a will, leaving all the property of 6.5438+million yuan to his eldest son, then the will will not be invalid because it violates the special leave, but the younger son can exercise the deduction right to his younger brother. Please refer to the following table (5 million/2) for the ratio of the share of 2.5 million recovered to the special share: (3) Finally, it is suggested to discuss with the "lawyer" before making a will to see if it is only necessary to make a will. Or do you need other supporting treatments to arrange together? For example, has the property been registered under different names? What do you want to do? Did you give any property to your children before your death (if it was given because of marriage, separation, business, etc., should it be deducted)? Are there any loans or investments? Is there a debt problem? Do you want to exclude the right of inheritance (don't want to leave a dime for an heir)? Do children and grandchildren have debt problems? Or physical and mental disorders, poor property management ability? Is there any consideration of saving taxes? All of the above are common. After the inheritance begins, the heirs face problems. In order to avoid leaving troubles to children, let them quarrel over the inheritance, then go to court, and then die of old age, it is suggested that the testator should think through before planning and acting, truly realize the testator's wishes and maintain the harmony of family relations! Reference Law: Article 1 190 of the Civil Code: "If you write your own will, you should write the full text of the will, record the next year, month and day, and sign it by yourself; If there is any addition, deletion or alteration, please indicate the number of words in the addition, deletion or alteration and sign separately. Item11of Article 65438 of the Civil Code: "To notarize a will, two or more witnesses shall be appointed to dictate it in front of a notary, who shall take notes, read it out and explain it. After the testator approves it, it will be recorded on the day of the following year and signed by the notary, witness and testator. " Article 1 194 of the Civil Law: "The testator shall designate more than three witnesses to write a ghostwriting will, and the testator shall dictate the will, and one of the witnesses shall take notes, read and explain it. After the testator approves it, the name of the ghostwriter for the next year shall be recorded and signed by all the witnesses and the testator. If the testator can't sign, he should press his handprint. " About the author: Ai Zhaochang's editorial team is the most practical combination of medical care, emotional support, disease knowledge and social resources. We are a professional team standing with nursing staff. Don't forget-"If you take good care of your silver hair, you will find Al Zhao Chang"! Go from here >> Ailong photo fan page, Ailong photo platform