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Anonymous users2024-02-08Yehnara Wendo answered;
Article 26 of the Inheritance Law If the jointly owned property acquired by the husband and wife during the existence of the marital relationship is divided, unless otherwise agreed, half of the jointly owned property shall be divided into the spouse's property and the rest shall be the decedent's estate.
Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.
1. "Jointly owned property acquired by husband and wife during the existence of the marital relationship, unless otherwise agreed".
Unless there is an agreement", it refers to the part of personal property that the husband and wife have agreed to belong to.
2. "If the estate is divided, half of the jointly owned property shall be divided into the spouse's property and the rest shall be the decedent's estate. “
Before the division of the estate, the personal property shall be divided first, and the other estates belonging to the decedent shall be inherited in accordance with the law.
3. "If the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided. ”
It means that when the inheritance is shared by multiple people, the personal property shall be divided first, and the property of the decedent shall be determined to be inherited in accordance with the law.
If the disputed house is jointly owned by the husband and wife and their children, the property of the decedent shall be determined after the share of the joint property of the co-owners is divided.
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Anonymous users2024-02-07The content is: after the commencement of inheritance, if the heir renounces the inheritance, he shall make a written statement of renunciation of inheritance before the estate is disposed of; If there is no indication from the procuratorate, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed that Hail Mill has given up the bequest.
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Anonymous users2024-02-06Article 25 After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance before the disposition of the inheritance. If there is no indication, it shall be deemed to have accepted the inheritance.
The legatee shall, within two months after becoming aware of the bequest, make an expression of acceptance or renunciation of the bequest. If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.
True, above.
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Anonymous users2024-02-05Article 25 of the Inheritance Law provides that if the heir renounces the inheritance after the commencement of the inheritance, he shall make an expression of renunciation of the inheritance before the estate is disposed of. If there is no indication, it shall be deemed to have accepted the inheritance.
The legatee shall, within two months after knowing that he has received the bequest, make an expression of acceptance or renunciation of the bequest, and if he does not do so by the expiration date, it shall be deemed to have given up the bequest.
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Anonymous users2024-02-04I guess the situation you are talking about is the case of the legal heirs, that is, the inheritance of the legal share, and the case of a part of the testamentary inheritance.
It should be repaid for its share of the legal estate, which is in line with the spirit of the legislation and makes sense in the literal sense of the law.
However, if it is not enough, whether you are a legal heir or a testamentary heir, you will not have to pay it back.
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Anonymous users2024-02-03The expression "legal inheritance income or all inheritance income" is irregular and incomprehensible.
The meaning of this regulation is clear, and you will understand it by analogy:
A, B and C received an inheritance of 30,000, 100,000 and 50,000 yuan respectively through statutory inheritance, testamentary succession and bequest. After the division is completed, it is found that the decedent has unliquidated debts of 60,000 yuan, which are recovered by creditors, so the treatment method according to Article 62 of the Opinions is that A's 30,000 yuan will be used to pay off first, and the remaining 30,000 debts will be repaid by B and C according to the ratio of 2:1 of the divided estate, that is, B will repay 20,000 yuan and C will repay 10,000 yuan.
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Anonymous users2024-02-02Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China.
62 When the estate has been divided and the debts have not been paid, if there is a statutory succession and testamentary succession and bequest, the legal heirs shall first use the inheritance to pay off the debts; In the event of insufficient repayment, the remaining debts shall be repaid by the testamentary heirs and legatees in proportion to the inheritance received; If there is only testamentary succession and bequest, the testamentary heir and legatee shall repay the estate in proportion to the proceeds.
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Anonymous users2024-02-01According to the law, the remaining 10,000 yuan should be repaid by A and B according to 2:1 If this case is a case question in the book, then the answer is wrong If it is a judgment in real life, it is either a wrong judgment or there is another hidden situation, and the details are not written out here (for example, B gave A part of the discount).
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Anonymous users2024-01-31The above cases were handled incorrectly. There is no problem for C to repay 30,000 yuan, and A and B should repay it proportionally.
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Anonymous users2024-01-30Zhejiang lawyer Sun:
Article 62 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China (hereinafter referred to as the "Opinions") stipulates that when the estate has been divided and the debts have not been paid, if there is a statutory succession and testamentary succession and bequest, the legal heirs shall first use the inheritance to pay off the debts, and if the debts are insufficient, the remaining debts shall be repaid by the testamentary heirs and legatees in proportion to the inheritance; If there is only testamentary succession and bequest, the testamentary heir and legatee shall repay the estate in proportion to the proceeds.
Therefore, there is an unfairness in the judgment in this case, or some kind of agreement has been reached between A and B.
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