Inheritance Law Case Study Topic? Inheritance Law Case Study Problem Solving?

According to Article 10 of the Inheritance Act:

The estate is inherited in the following order:

First-order heirs: spouse, children, parents.

Second order of heirs: siblings, grandparents, maternal grandparents.

Therefore, the property of your grandmother's death should be inherited by your mother and your uncle, but your mother died after the death of your maternal grandmother, so your father should inherit what your mother should inherit.

According to the law, if the heir dies after the death of the deceased but before the division of the estate, his share shall be inherited by his legal heirs, which is called "transfer inheritance" in law. In terms of the scope of heirs, subrogation is inherited by their legal heirs, while subrogation is inherited by their immediate descendants. In the event of the death of your maternal grandmother, your uncle and your mother shall inherit the estate jointly, and since your mother died before the estate was acquired, the inheritance shall be shared by your father, your sister and yourself, and not by your siblings.

There is a will to be executed according to the will, and there is no will to inherit according to the inheritance law. According to Article 10 of the Inheritance Law, the inheritance shall be carried out in the following order: First order:

Spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit. The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents. The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Your mother inherits 1 2 of your grandmother's property first, and you and your sister and your father inherit your mother's property together.

1. An oral will is legally valid, and according to the provisions of the Inheritance Law, the testator may make an oral will in a critical situation, and the oral will should be witnessed by more than two witnesses. In this case, this condition was met (three disinterested doctors were present and the situation was urgent), and Zou died soon after making an oral will, there was no subsequent invalidity as stipulated in the Inheritance Law.

2. Zou's estate was distributed in accordance with the oral will he made before his death, that is, all the property was inherited by the second daughter B. Paragraph 5 of Article 18 of the Inheritance Law of the People's Republic of China stipulates that "the testator may make an oral will in a critical situation, and the oral will shall be witnessed by more than two witnesses." If the testator is able to make a will in written or recorded form after the critical situation is resolved, the oral will made is invalid.

3. If the second will is notarized, the notarized will is valid, and the estate should be distributed according to the content of the notarized will, that is, 10,000 yuan is deposited to B and the house is given to C. Article 42 of the Judicial Interpretation of the Inheritance Law: If the testator has made several wills with conflicting contents in different forms, among which there is a notarized will, the last notarized will shall prevail; If there is no notarized will, the last will shall prevail.

The so-called legal heirs are all based on the premise that the property owner died and did not make a will, the situation in this case is very simple, the property owner's will has a legal effect above all else, his property wants to be given to whom, and there are written notes, there are witnesses, so it is useless for his son to make trouble!

China's property inheritance system has two ways: statutory inheritance and testamentary inheritance. The so-called testamentary succession is a system in which the deceased makes a will in accordance with a certain method prescribed by law during his lifetime, and transfers his estate to the heirs designated by him after his death. Article 5 of China's "Inheritance Law" stipulates:

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; However, if the deceased made a legal will before his death, he must be inherited according to the will. This is the case in the present case. Suo's son and daughter are his legal heirs, and if Suo does not make a will, his son and daughter should share his property according to the law; However, if Suo made a will in accordance with the law, he must dispose of his property in accordance with the will, that is, 15,000 yuan will be donated to the school as a scholarship; 1,000 yuan to Xiao; 6,000 yuan for his daughter; Suo's son did not inherit the share.

Suo's son's lawsuit is unreasonable and should be dismissed.

According to Article 5 of the Inheritance Law of the People's Republic of China, adopted by the National People's Congress in April 1985, "after the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. ”

In addition, because his son pretended not to know when his father was sick, according to article 13 of the Inheritance Law, the heirs who have fulfilled the main obligation to support the decedent or live with the decedent may receive an additional share of the inheritance when they distribute it. If an heir who has the ability and conditions for support does not fulfill his obligation to support, the inheritance shall be distributed without or with a small share. Therefore, if a child does not support his or her parents, he or she does not lose the right to inherit, but he or she shall not share or receive a small share in the distribution of the estate.

According to the provisions of the Inheritance Law, the right of inheritance is lost under the following circumstances: (3) abandoning the decedent, or abusing the decedent, and the circumstances are serious;

Therefore, the issue of inheritance should take precedence in accordance with the will in the first place. As for the legal heir status of his son, depending on the specific situation, the lawyer may even lose the right to inherit if the lawyer argues.

If the will is valid, Zeng can only dispose of the joint property that he and his great-wife are entitled to, that is, half of the three houses. The other half is the joint property of the great-wife and cannot participate in the division of the estate. Half of the three houses** (house appraisal) and half of the deposit of $120,000 of $60,000 went to the great-wife, and the remaining house money and $60,000 were divided equally between the great-wife, A and C (subrogation).

Three of the six houses are for Zeng's wife, three are for his son, and the deposit of 120,000 yuan belongs to his wife, of which 60,000 yuan belongs to his wife, and the remaining 60,000 yuan is 30,000 yuan for his son and granddaughter.

The six rooms and the deposit are joint property of the husband and wife and shall be divided equally. Zeng only had a punishment for himself. For those not involved in the will, according to the legal inheritance, after the death of the daughter, the granddaughter obtains the right of subrogation.

Since the 12w and 6 houses were joint property of the husband and wife, only 3 of the houses and 6w could be disposed of

A gets 3 houses 2w C can't get a house 2w his great-wife gets 3 houses and 8w money

Please refer to Articles 5, 10 and 13 of the Inheritance Law of the People's Republic of China.

Li has the right to inherit. Specifically, the 40,000 manuscript fee is the joint property of the husband and wife, Li first divided 20,000, and the other 20,000 Li and Wang Ling divided it equally (in the case that Wang has no other heirs).

Question 1 is problematic. Li has the right to inherit the manuscript fee, but it cannot be said that Li can inherit the 40,000 manuscript fee. According to Article 12 of Interpretation 2 of the Marriage Law, Article 17, Paragraph 3 of the Marriage Law provides"Proceeds from intellectual property"refers to the property gains actually obtained or that can be clearly obtained during the existence of the marital relationship.

The 40,000 yuan belongs to the joint property of Wang and Li, and should be divided first, with 20,000 yuan belonging to Li and 20,000 yuan being Wang's estate.

According to Article 10 of the Inheritance Law, the inheritance is carried out in the following order: first order: spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.

Li and Wang Ling are the same heirs, and they each inherited 10,000 yuan from Wang's 20,000 yuan estate. The litigation costs shall be borne by Wang Ling.

What class are you in? I'm Boss Qiu, and I'm shocked to see your question, why is it exactly the same as the question on my paper.........o(︶︿o

Article 17 of the Marriage Law The following property acquired by a husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

2. The manuscript fee is obviously intellectual property income.

3. In the author's opinion, the time when the manuscript fee takes effect and the time when the manuscript fee is used as income shall be determined by referring to the Interim Provisions on the Remuneration of Books: Article 12 The publisher and the translator shall sign a contract or a publication contract, and whether or not to pay the remuneration in advance shall be agreed in the contract, but after the publication of the book, the full remuneration shall be paid within one month, and the remuneration for each reprint shall be paid within one month after publication.

Long's painting and calligraphy works are the joint property of the husband and wife. Article 17 of the Marriage Law stipulates the proceeds of intellectual property rights.

Long should not have borne his son's expenses for going abroad. This is because the Marriage Act only stipulates the obligation to raise children under the age of 18, and does not stipulate the obligation to educate adult children.

The eldest and the third are two sons, right?

According to the Inheritance Law, Zhang should inherit one of the two properties first, and then the remaining property should be jointly inherited by Zhang and his four children. In the case you gave, Zhang and his four children did not reach a division agreement on the two properties left by Li, so they cannot unilaterally believe that the remaining properties are for Zhang (assuming that the two properties are of equal value). It is necessary for Zhang and his four children to write an inheritance division agreement, first of all, the four children must agree to inherit the remaining real estate by Zhang, and then reach a compensation agreement on the real estate used by the eldest and the third child in their marriage (since the house has been built, it cannot be demolished, and the eldest and third child shall compensate Zhang and his two daughters for their share, or Zhang and his two daughters will give up their inheritance rights to the used property).

After completing the above items, Zhang has the right to sell the property.

1 Hello all, analyze the inheritance law case, and analyze it step by step in accordance with the law.

First of all, the law stipulates that in the case of the existence of a will, testamentary succession takes precedence. Therefore, all of Li Dajun's bank deposits belonged to Li Ding. However, Li Ding died before Li Dajun, and it was implemented in accordance with the provisions of the law on subrogation, and Li Ding's children D and E subrogated Li Ding to inherit Li Dajun's deposits.

Secondly, Li Dajun's share of real estate and Li Ding's share of property inherited by Li Dajun in accordance with the law, because there is no will, should be executed in accordance with the statutory inheritance, that is, by Zhao, Li Jia (subrogated by A and B), Li B, Li Ding (subrogated by D and E), Sun, etc. (according to the law, if the widowed daughter-in-law has the main maintenance obligation to her in-laws, she can inherit the property as the first-order heir) according to the law.

1. Li Dajun's estate includes: half a house (worth 60,000 yuan), and bank deposits of 60,000 yuan, which should be converted into 120,000 yuan, and the other half should belong to the Zhao family.

2. Although Li Dajun made a will before his death, and the deposit of 60,000 yuan was inherited by Li Ding, Li Ding had died before Li Dajun, so the testamentary inheritance did not take effect, and 60,000 yuan entered the legal inheritance.

3. Li Dajun's legal heirs are: spouse Zhao, widowed daughter-in-law Sun (due to maintenance obligations, as the first-order heir), Li B, Li Jia's share is jointly subrogated by the two sons A and B, and Li Ding's share is inherited by D and E subrogation.

4. If other factors are not considered: Zhao, Sun, and Li B should each receive 10,000 yuan worth of the inheritance, and A, B, D, and E should each receive 10,000 yuan.

· Li Dajun - Zhao.

丨 Li Jia - Sun Li Yi - Zhou Li Ding - Wu.

丨 丨 丨.

a b c d e

Beginning of death: 1. Li Jia's death: It first involves the division of marital property, and then its share inheritance, Li Dajun, Zhao, Sun, A, and E each get 1 5;

2. Li Ding's death: first involves the division of marital property, and then their share inheritance, Li Dajun, Zhao, Wu, D, and E each get 1 5;

3. Li Dajun's death: first involves the division of marital property, and then its share inheritance (except for the testamentary part), Zhao, Sun,

A, B, Li B, D, E, divided into 5 parts, AB, DE combined into 2 parts.

Now let's start checking the property of Li Dajun:

1, bank deposit of 120,000, half of his wife Zhao's 60,000, (60,000 for his daughter Li Ding), no;

2. Real estate (120,000 yuan), half of his wife Zhao's 60,000 yuan, and the remaining 60,000 yuan;

3. Inherit 1 5 property from the eldest son Li Jia;

4. Inherit 1 5 property from the second son Li Yi for the time being, which is called the sub-property).

Beginning of inheritance: 1, Zhao: 60,000 + 60,000 + 6 50,000 + 5;

2. Sun's: 6 50,000 + 5 children;

3. Li Ding: 60,000 + 6 50,000 + 5;

4. A, B, D, and E each get (6 50,000 + 5) 2.

In fact, this question examines testamentary succession, testamentary validity, statutory succession, subrogation, legal succession of daughters-in-law who have fulfilled their maintenance obligations, division of marital property, and the order of testamentary succession and legal succession.

Li Dajun's legacy: semi-house property and bank deposits of 60,000 yuan. If the testamentary heir dies before the testator, it shall be handled in accordance with the statutory inheritance.

First order of succession: Zhao, Sun (if the widowed daughter-in-law has fulfilled the main support obligation to her father-in-law and mother-in-law, she shall be the first-order heir), A and B (if the decedent's children die before the decedent, the descendants of the decedent's children will inherit by subrogation), Li B, D and E (subrogation). The Suns, A and B, who have fulfilled their main obligation to support Li Dajun or live together, can divide more when distributing the inheritance.