Shenyang Ping Li Property

Many people will have a cognitive misunderstanding: the property of husband and wife will "naturally" return to the other party after one party dies.

Generally speaking, it is normal to have this kind of cognition: the property accumulated by two people belongs to two people. It is "natural" for one person to leave and another person to have everything.

But in fact, this is not the case-according to the relevant provisions of China's current inheritance law, if one spouse dies, the personal legal property left by him will be inherited by the heir. In the end, it depends on the way of inheritance and whether the heir agrees to give up.

On this issue, we first give two basic conclusions:

The following is explained from three aspects:

Does the deceased have a share in the deposit? We mentioned a word earlier: "objective proof", the purpose of which is to determine the ownership of deposits. Generally speaking:

Unless it is:

If the husband and wife have joint property, generally speaking, they each account for 50%. That is to say, if one of the spouses dies, half of the deposit is regarded as inheritance, and the other half belongs to the living spouse.

Who should the deposit belong to? Suppose the deposit belongs to both husband and wife.

1. Half of the deposit goes to the living party.

2. The other half of the deposit, as an inheritance, shall be inherited by its heirs. There are three situations:

Two reminders are slightly extended. There are two reminders. Please pay attention to the theme:

1. It is not advisable to withdraw the deposit without permission.

For example, if you know the account password of the deposit and withdraw it without the consent of other heirs, in the event of a dispute, you may also bear civil liability in addition to "paying back the money".

It is best not to spread the deposit too widely.

If the deceased party has multiple heirs, it is the most reasonable, legal and ideal result to let all the deposits be inherited by the living party by means of communication and consultation in the early stage.

If there are other heirs who insist on sharing, unless there is objective evidence to prove that they are not qualified to share, such as bad behavior (abuse, etc.). It is difficult to disinherit them before they die.

If one spouse dies, half of the deposit will go to the other spouse, and the remaining half will be inherited according to the will. If there is no will, it will be inherited according to the legal succession order.

After the husband and wife die, if you don't know the password of the deposit in the name of the deceased, the bank won't give you money. Another living couple needs to go to the notary office for notarization and then go to the bank to collect it.

It doesn't matter if you don't know what the deposit is. You can first ask the bank through the inquiry letter issued by the notary office. It doesn't matter if there is really no way to prove kinship. You can find two elders who have no inheritance rights to prove it at the notary office.

I used to think that when one of the husband and wife died, the property and deposits naturally belonged to the other, but I didn't know until my friends around me experienced this kind of thing personally. The fact is that if one spouse dies, half of their savings will go to the other spouse, and the remaining half will be shared equally by the deceased's parents, children and spouse.

My friend Ping Li has just turned 34. Her husband is two years older than her. He died of cancer last year. When she and her husband just got married, their in-laws gave them 10 million to buy a house. Although the house price was not as high as it is now more than ten years ago, it is impossible to buy a decent house for100000 yuan. Ping Li's parents gave them100,000 yuan, and they spent 200,000 yuan to buy a 60-square-meter property-free house in the city.

One year after marriage, Ping Li gave birth to a daughter, and her husband also quit his old job and started his own business. After hard work and struggle, before long, her husband's career is getting better and better. By the time my daughter was eight years old, there were already two houses in their names, plus the original house without property rights, which was * * * three houses, with some savings in her hand and a car with hundreds of thousands.

Just as their life became more and more enviable, Ping Li's husband was diagnosed with cancer. In order to have enough money to treat their husbands, they sold their house without property rights. They bought it for 200,000 yuan and sold it for 600,000 yuan. Ping Li can't drive, so he also sold their car. This car sold for 400 thousand. They have hundreds of thousands of deposits in their hands, adding up to almost 65438+500 thousand. For the convenience of treatment, the money was transferred to Ping Li's husband's card.

Because Ping Li has to work and take care of their daughter, usually Ping Li's in-laws take care of her husband in the hospital. On weekends, Ping Li will go to the hospital to replace her in-laws for two days. In order to facilitate payment, the card is also given to my father-in-law. Despite the doctors' best efforts, Ping Li's husband died a year later. Before her husband died, she told her that there was 500,000 yuan left by Carrie for her parents to take back to their hometown, which was regarded as their pension money, and the rest of the money and two houses were left to Ping Li and her children. Of course, these are all explained orally by her husband, and there is no will.

Her husband spent more than 400,000 yuan before and after seeing a doctor, and Cary should have at least1000,000 yuan. But my father-in-law didn't mention returning the card to her, and my in-laws also lived in their other house, saying that both houses were bought by my son and owned by myself. Ping Li asked her in-laws for money, saying that she only needed 500,000 yuan. Her in-laws didn't even give her a penny, saying that Ping Li didn't want the money and they wouldn't move it. When their granddaughter grows up, they will give it to their granddaughter

Ping Li was angry and helpless. She is responsible for the basic expenses at home, her daughter's remedial classes, and her and her daughter's commercial insurance. Her salary of four or five thousand yuan a month is simply not enough to cover these expenses. She discussed with her in-laws that she could have no money, but hoped that they could bear the cost of her daughter's supplementary lessons every year. Her in-laws agreed at first, but when the tuition fee was paid in the cram school, they didn't have any money.

The old couple occupy another house and never mention going back to their hometown. Originally, Ping Li planned to rent a house after they returned to their hometown, and the rent could subsidize some families. But my in-laws have lived there all the time, and even she has to pay property fees and utilities.

She went to a lawyer for advice on how to distribute the property in this case. The lawyer said that the deposit and the house property are the same property after marriage, and Ping Li, children and in-laws all have the right of inheritance, but half of them belong to Ping Li, and the other half of the house property and deposit are shared equally by Ping Li, daughter and in-laws. Although her husband said before his death that the two houses were reserved for Ping Li and the children, it didn't count, because he didn't make a will and no one could testify at that time.

This embarrassed Ping Li. She doesn't know what to do. This house is absolutely not for sale. She also wants to leave the house to her children, but her in-laws cling to their savings and don't give her a penny. Now she can't even afford the children's remedial classes. Every time she wants to discuss with her in-laws, her in-laws react violently. She thinks that Ping Li is not kind. She just wants to take over her savings and house, and remarry in two years, which is cheaper for others. Ping Li swore that she wouldn't remarry, and her in-laws didn't believe her. After all, who can tell?

In my opinion, my friend Ping Li's in-laws have gone a bit too far. Their idea is human nature, understandable, but the child is innocent, and the child is the only blood left by their son. Don't you think about the children? At least you can give Ping Li100,000 or 200,000 yuan for her children to study and attend remedial classes. If they really don't want to give Li Ping money, then they can pay the tuition for their children themselves. What do they think?

Ping Li said that if the old couple went too far, she was prepared to go to court with them. She doesn't want to come here. After all, they are her husband's biological parents. They have just experienced the loss of their children, and their hearts must be very painful. If she and her in-laws are torn to pieces, her husband will be unhappy when he knows. She is really struggling.

After the death of one spouse, the property of both spouses, including houses, cars, deposits, etc. Half of them go to the living spouse first, and the remaining half are inherited in the order stipulated in the Marriage Law.

But in folk practice, when one parent dies, it is temporarily inherited by the other, such as a house. If it is an only child, the deceased parents are divided equally between the living parents and the son or woman, and the son or woman accounts for 25%. If there is no problem living, the house must be sold or paid for by the living parents. There are few folk examples, and they are generally distributed after the death of the old couple.

The bank deposit is unclear. If the living party says no, there will be no, and it will not be found out unless it goes to court and the legal authorities check it. This kind of family is generally a rich family, but the dead belong to nothing, and the people have no inheritance. This probability is not high.

Now suppose that the deposit is the property of husband and wife, and the deceased party did not make a will to dispose of the deposit before his death. Then, the deposit should be handled as follows: first, half of the deposit is taken out to belong to the spouse of the deceased, and the other half belongs to the estate of the deceased, which is inherited by the first heir of the deceased.

Heirs in the first order include the spouse, children and parents of the deceased. In principle, the inheritance shall be equally distributed by them, or it may be unevenly distributed through consultation. According to the law, heirs who have special difficulties and lack the ability to work should be taken care of when distributing their inheritance. Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate. If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate.

In order to make the problem clearer, we assume that the husband and wife deposit is 6.5438+0 million yuan, and the deceased's parents are alive and have a pair of children. Of the 6,543,800 yuan, 500,000 yuan belongs to the deceased's spouse, not the inheritance, and the other 500,000 yuan belongs to the deceased's inheritance. There are five heirs in the first order of the deceased: the spouse, son, daughter, father and mother of the deceased. Assuming that there is no more points, less points and no inheritance, and the inheritance is evenly distributed, then the spouse, son, daughter, father and mother of the deceased should each receive an inheritance of 6,543,800 yuan.

For the question of who owns the deposit when one of the spouses dies, it is first necessary to determine whether the deposit was independently owned by the deceased before the death according to the relevant laws and regulations, and then further processing can be done.

After the death of a husband and wife, if the deposit is really owned independently by the deceased before his death, it depends on whether the deceased has debts that should be paid independently before his death. If so, pay off the debt first, and the balance can be handled in accordance with the relevant provisions of the inheritance law.

If one of the spouses dies, if it is determined that the inheritance was not owned independently by the deceased before his death, it will be regarded as the income of the husband and wife, that is, the spouse will get his own half first, and the rest can be disposed of in accordance with the relevant provisions of the inheritance law. During the period, if the deceased had outstanding debts with his spouse before his death, he should repay the debts first and then do further treatment. After paying off the debt, the balance should be treated as real estate first, and one spouse should take half of himself first, and the balance should be treated according to the relevant provisions of the inheritance law.

It should be noted that when one spouse dies, whether morally or legally, when dealing with his deposits or other property, he will support and give consideration to the future life and support needs of the deceased spouse, instead of dividing his deposits and other property in time after the death of one spouse, otherwise it will be very inhuman.

Finally, it is natural to pay back debts. If the deceased did have outstanding debts before his death, whether personal debts or his debts, he should pay off the debts in good faith before further distributing and inheriting his deposits or other property.

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If one of the spouses dies, who should get the deposit?

The first is the property of husband and wife. In principle, China's marriage law is the joint property system of husband and wife, and the property acquired by husband and wife during the marriage relationship belongs to the joint property of husband and wife in principle. Therefore, if one of the spouses dies, the deposit in the bank belongs to the joint property of the husband and wife, and the spouse enjoys half of the money. The remaining half of the money belongs to the inheritance and is inherited according to the provisions of the inheritance law.

Inheritance depends on whether there is a will. If the spouse does not leave a will, it shall be inherited in the legal order. According to the inheritance law, the first-order heirs are spouses, parents and children. Half, in principle, the inheritance is inherited equally by the heirs. So as long as there are several heirs, in principle, they can be divided equally by the heirs.

This involves the issue of inheritance.

Simply put, it is to separate the personal property of the deceased from the deposit first, and then inherit it. If there is a will, it shall be inherited according to the will; If there is no will, it shall be inherited in accordance with the legal succession order.

Specifically,

1. Determine personal property first. Personal property mainly includes two pieces: one is the personal property of one party divided from the same property of both husband and wife, and the other is the personal property of one party before marriage.

(1) Husband and wife have the same property.

According to the Marriage Law and related judicial interpretations,

During the marriage relationship, the property acquired by both parties belongs to the common property of husband and wife, including the following four categories:

(1) Wages and bonuses;

(2) Income from production and operation;

(3) the benefits of intellectual property rights;

(4) Inherited or donated property.

For couples with property, both parties have equal rights to deal with it, and in principle, it is handled by one person and half. Unless there is a written agreement between husband and wife, it is clearly stipulated that the income after marriage belongs to each other or is divided in other ways.

Therefore, we must first separate the marital property from this deposit; From this part of the husband and wife's property, inherit half as the personal property of the deceased party.

(2) Personal property

According to the provisions of the Marriage Law, the following personal property belongs to one of the spouses:

(1) Pre-marital property;

(two) medical expenses and living allowance for disability due to physical injury;

(3) Property designated exclusively for the husband or wife in the will or gift contract;

(4) Special articles for daily use.

It should be noted that these types of personal property will not be automatically converted into joint property of husband and wife because of the establishment of husband and wife relationship.

Therefore, it is also necessary to separate the personal property of the deceased party (mainly pre-marital personal property) from this deposit, and add the personal property that is different from the husband and wife's property. The sum of these two parts is all personal property of one party.

For ease of understanding and calculation, for example:

Now it is assumed that the total deposit is * * * 1 10,000, including 600,000 for husband and wife and 200,000 for personal property of both parties.

At this point, the personal property of the deceased party = 60 2+20 = 500,000.

2. Besides, inheritance (1) has a will.

According to the inheritance law, if there is a will, it will be inherited according to the content of the will. Testamentary succession can be designated by anyone (including outsiders) and is not limited by the legal succession order. (Respect the wishes of the deceased)

(2) No will

If there is no will, it will be inherited in legal order. According to the provisions of the inheritance law, the legal succession order is:

① The first order: spouse, children and parents;

② The second order: brothers and sisters, grandparents and grandparents.

When inheriting, people in the first order inherit, and people in the second order do not inherit; If there is no one in the first order, it will be inherited by the second order.

Heirs in the same order are generally distributed equally; If there is consensus, it can also be unequal.

To make it easier to understand, let's take another example:

Someone has calculated that personal property is 500,000. Assuming that the deceased has a son and a daughter, parents are alive, and spouse, the total number of heirs in the first order is five.

At this time, everyone inherits property = 505 = 65438+ million.

Therefore, the final distribution result of the deposit of 6,543,800 yuan+0,000 yuan is:

Spouse = 500,000 personal property+inherited 654.38+ million = 600,000.

Children and parents each inherit 654.38+ million.

Finally,

I would like to remind you that when you inherit an estate, you must give priority to paying off the taxes and personal debts that the decedent should pay within the scope of the estate. If there is a joint debt between husband and wife, it is necessary to pay off the same debt with the husband and wife's property first, and then divide the personal property as the inheritance.

If one of the spouses dies, who should get the deposit? An estate without a valid will belongs to the legal heir. 1. If one of the husband and wife dies and 50% of the deposit belongs to the inheritance, the legal heirs are parents, spouses and children, and the inheritance will be evenly distributed in proportion. According to the law, heirs who have special difficulties and lack the ability to work should be taken care of when distributing their inheritance. Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate.

Two, if the deceased had a valid will, the deposit will be inherited by the designated heir.

Three, if the heir agrees to give up, then the inheritance is divided by other heirs.

After determining the inheritance ratio, we should first notarize, sign an agreement, notarize all the deposits to one of the heirs, and distribute them according to the agreement after taking out the deposits with the notarial certificate.

In rural areas, once a couple dies, they are generally heartbroken, and no one asks about their savings. As long as there is no lawsuit, the court will not ask. So when one party dies, the remaining deposits are generally handled by the survivors.

Since this issue is brought up for discussion, it cannot be handled according to custom, but should be handled according to law. The condition given is that both husband and wife have the same property-deposits. How to deal with the deposit when one party dies?

Since the deposit is the property of husband and wife, it means that the amount of the deposit is 50% for both husband and wife. Now that one party has passed away, what should be done with this 50% deposit? 50% of the survivors are not among them. According to the inheritance law, the first heirs of the deceased are their parents, spouses and children. Suppose there are 2 parents, spouse 1, 2 children and ***5 people, and each heir can get one-fifth of the inheritance.