My brother is dead! How can the heirs inherit the wages owed by the factory?

Your brother is gone, and your sister-in-law is the first heir.

First of all, the heir shall go to the neighborhood committee or village committee where the decedent's household registration is located to issue a certificate of kinship with his ID card, household registration booklet, and proof of marital status. Then, with the ID card, household registration book, marriage certificate and kinship certificate, go to the public security organ where the decedent's household registration is located to apply for the certificate of kinship between the heir and the decedent, and the local public security organ will seal it to be valid.

It must be clarified that the legal heir, according to China's judicial interpretation, the legal heir is also called the legal heir, which can generally be understood as the immediate family, in addition, it also includes the adopted son, adopted daughter, stepfather, stepmother, etc., who have a relationship with the deceased and the act of support. However, the Inheritance Law clearly stipulates that if the deceased has not entered into a legal and effective maintenance agreement or the agreement has lapsed during his lifetime, the absence of a will, bequest or invalidation of the will will will automatically applies to the statutory inheritance.

If the decedent does not make a will, he inherits according to the law. Legal succession is inherited in the order of first succession, and the first heirs have parents, children, and spouses. There is no primary heir, and then the second heir inherits in the order of second succession, and the second heir has siblings, grandparents and maternal grandparents.

In the same order of succession, the share is generally the same, of course, if there are many obligations, minors can share more.

You are your brother's second heir, and you have your sister-in-law, and you have no right to inherit, unless you can prove that you are now dependent on your brother, you can inherit the estate.

If the parents are still alive, they should also provide their parents, and if they have children, they should also provide them, and the parents and children are also the first in line of succession.

Can the heirs give up the inherited property and avoid incurring debts on their own? Article 1 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 stipulates that the renunciation of inheritance by an heir shall be expressed in writing to other heirs, and if the renunciation of inheritance is expressed orally, and if he or she admits it or has other sufficient evidence to prove it, it shall also be deemed valid; Where the heirs are unable to perform their statutory obligations due to the renunciation of their inheritance rights, the renunciation of their inheritance rights is invalid. Therefore, we can conclude that:

If the heir is able to perform his legal obligations with the inherited inheritance, but is unable to perform due to the renunciation of the right of inheritance, his act of waiver of the right of inheritance shall not take legal effect. If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law. Legal basis:

Article 46 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 provides that if an heir is unable to perform his or her statutory obligations due to the renunciation of his right of inheritance, the act of renunciation of his right of inheritance shall be invalid. Article 47 of the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China" provides that an heir's renunciation of inheritance shall be expressed in writing to other heirs. Where a renunciation of inheritance is expressed orally, and the person acknowledges it, or there is other sufficient evidence to prove it, it shall also be found to be valid.

The legal basis is the second paragraph of Article 33 of the Inheritance Law, which stipulates that "if the heir renounces the inheritance, he shall not be liable for repaying the taxes and debts that the decedent shall pay in accordance with the law".

If the heir renounces the inheritance, there is no liability for the debts of the decedent.

The heir, whether it is the offspring of the direct relationship, still needs to repay the debts owed by the deceased.

According to the relevant laws, if you renounce the inheritance, you do not need to repay the debts of the deceased.

Question: Tang Quancheng had a wholly-owned wholesale company before his death, and borrowed more than 150,000 yuan from two companies and three friends due to business needs, and the company's assets are only 100,000 yuan. Not long ago, Tang Quancheng died of a heart attack.

Question: What should I do with the debts owed by the deceased during his lifetime?

Article 33 of the Inheritance Law stipulates that: "The inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate." The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law. Article 34 of the Act also stipulates that "the execution of a bequest shall not prevent the payment of taxes and debts payable by the legatee in accordance with the law".

Therefore, combined with other laws and regulations of China, the loan of 150,000 yuan must first be repaid by the wholly-owned company owned by Tang Quancheng before his death, because the company's assets are only more than 100,000 yuan, other debts should be deducted from Tang Quancheng's estate, and the excess part after deduction from the estate can be inherited or bequeathed by his heirs or legatees in accordance with the law; If the estate is insufficient to repay the remaining debts, the debts shall be paid off within the actual value of the estate, unless the heirs voluntarily repay the debts on their behalf. If the heir renounces the inheritance, he may not be responsible for repaying the debts owed by the decedent.

There is an idiom called "the father's debt is repaid by the son", and many people believe that the debt owed by the father is repaid by the child, which is a matter of course. But does there is a legal basis for "repayment of debts from fathers and sons"? Legally, the father and the adult child are two independent civil subjects, each with different rights and obligations, and their respective property is also independent.

As a typical relative right, the creditor's right only takes effect between the creditor and the debtor, and in principle, the debt relationship between the creditor and the debtor cannot be used against a third party. Debts and claims are relative but not inherited. Therefore, the children are not legally obligated to repay the debts owed by the father.

However, the law does not interfere if the child voluntarily pays the debt for the father on moral grounds. Debts cannot be inherited, otherwise they will not be paid by the father and the son? However, if the debtor has an inheritance, the inheritance is used to repay the debts first, and if the inheritance has been inherited, the heirs should pay off the debts with the inherited inheritance.

According to the provisions of the Inheritance Law, the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. Legal basis: Article 213 of the General Principles of the Civil Law of the People's Republic of China provides that after the death of a citizen subject to enforcement, his estate shall be used to pay off debts.

Article 33 of the Inheritance Law of the People's Republic of China provides that the inheritance shall pay off the taxes and debts payable by the decedent, and the payment of taxes and debts shall be limited to the actual value of his estate.

The estate is used to pay off debts first, and then inherited.

Yes. The repayment of the debts of the deceased shall be limited to the value of the estate: According to the requirements of the principle of limited inheritance, the heirs shall only pay off the debts of the deceased only to the value of the estate left by the deceased, and the heirs may not have to pay off the part of the debts that exceed the value of the estate.

According to what you said, according to the relevant provisions of the Inheritance Law, the court is obliged to list the other heirs as co-defendants and notify them to appear in court. Otherwise, it is illegal, and he has no right to refuse other heirs to participate if he does not know. If the court is unaware, the other heirs can go to the court with relevant certificates to request to participate in the lawsuit.

If the court ignores this, it can go to the higher people's court to report the situation.

Moreover, according to the principle of non res judicata, there is no new reason for the court not to accept the same case, so why do you still accept it after you have played again?

It is recommended that you hire a lawyer to provide legal assistance, after all, property inheritance is not a trivial matter, and you can better protect your legitimate rights and interests with the help of a professional lawyer. More exciting content**Haikou lawyer consultation.

For inheritance, there is a will to inherit according to the will, and in the absence of a will, the heirs in the first order of the law will inherit, i.e., spouse, parents, children. In the case of subrogated heirs, the second-order heirs cannot achieve legal succession.

1. The decedent's creditor's rights also belong to his legal property and shall be inherited as an inheritance. Therefore, the creditor's heirs can claim against the debtor.

2. Article 3 of the Inheritance Law Inheritance is the personal legal property left by a citizen when he or she dies, including:

a) the income of citizens;

2) Citizens' houses, savings and daily necessities;

3) Citizens' forests, livestock, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens;

6) Property rights in citizens' copyrights and patent rights;

7) Other lawful property of citizens.

3. Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China: 3 Other lawful property that a citizen can inherit includes valuable property and creditor's rights whose subject matter is property.