Aunt Chen, sitting in front of me, is about 70 years old. She looks healthy and has a very elegant body. She called herself to make a legal consultation, and she only briefly told me on the phone to understand what was going on with “inheritance”.
People in their 70s usually want to make arrangements for their own property allocation, but they may also have inheritance problems with their parents. What is the answer? Let her tell me today!
"Hello, Aunt Chen, I am Lawyer Wu, please tell me what questions you want to know about inheritance today?"
"Hello, Mr. Wu, I'm sorry, Today I am here to criticize you, I want to ask...Is there any way to not let my daughter inherit the inheritance?" Aunt Chen opened the door to see Shandi and asked her questions.
"What did your daughter do? What did you think like this?" Children usually do many hurtful things that parents cannot bear, so their parents will endure the pain and make this decision.
"My husband passed away mid-month last month. My husband and I are in business. Over the years, we have achieved some success. We have two children, both daughters. We all cultivated them with colleagues and sent them all out of the Chinese memorial book. Later, after the eldest brother read the book and returned to work in Taiwan. The little daughter said that she likes life abroad more, so we just kept her in the country and kept her staying abroad. She is now working in the United States and getting married." Aunt Chen introduced her background information in a whisper.
"So, what happened later?" I led her to continue.
"About 2 years ago, my husband suffered from cancer and later he needed someone to take care of him. Although we asked for a foreigner to take care of him, I was still worried and went to see him with two elder daughters." Aunt Chen said, which was in line with the care of most families in our country.
"After the husband was sick, I also talked to my little daughter, asking her to come back to see her father, and her father missed her. But the little daughter kept saying, "It's very difficult to ask for leave in my work in the United States. Dad just has you and sister, isn't there any foreign service to help me? What's the use of me going back?!" This kept dragging it, dragging it until one month before her father left."
"Did the little daughter use phone to care about her father?" I thought to myself, maybe she really didn't come back because of work factors, so she wanted to ask if she could use other ways to show concern?
"No, I call her. She didn't call herself and came back to care about her father and me! I often call me and I often answered the answer machine, and she wouldn't reply to my phone! When I talk to her, she would say, "If there is something important, you will call again! If you don't call again, it means it's not important, so I won't reply!" Lawyer Wu said, "You will not be angry if you hear it!"
"Aunt Chen, I can understand your mood. Then what happened after she comes back?"
"She came back and became a filial son for a few days, and then her father left! I originally thought of my daughter. I should not argue with her before! But I didn't expect that a few days ago she actually told me: "Mom~ Dad is gone, we want to divide my father's inheritance, and we will also divide your inheritance together!""
"What does it mean? I didn't understand!" I didn't understand for a while, what the little daughter means! Isn’t Aunt Chen still here? Where is the industry?
"Lawyer Wu, I didn't understand what she meant now! Later, she explained that she asked to divide my property first! She wanted to divide the family first! I was not dead yet, but she actually wanted to split the family!" Aunt Chen said excitedly.
"She used soft things at first, but then I saw that my attitude was very certain, but she actually said to me: "Anyway, I can still share it with you when you leave in the future. Why don't you get one point now!", "Sister often gossips around you, you must have given your sister and her son a property first! Now I get one point first to save my share, and I'm cheated by my sister and her son!""
"Lawyer Wu, are you talking about these words when someone else's daughter?" I didn't know how to respond when I was asked this, but it was her daughter.
"I was so angry when I heard her say these words! I didn't expect that she would tell me: 'You're going to die sooner, so I can see the doctor without spending money (spending money)!""
"Lawyer Wu, she hurts my heart like this! I think she is no longer my daughter! So I don't want to give her a penny! What can I do?"
After hearing Aunt Chen's words, I wanted to help her fulfill her wishes; but I was also thinking, not knowing what problems they had before? Will this cause the little daughter to move like this? Is there still a chance to resolve it?
But I decided to tell Aunt Chen first about the legal treatment.
"Aunt Chen, our civil law stipulates that if the child has a "major insult or abuse" to his parents, then the father and mother can "express during their lifetime" and do not inherit her, so as to exclude her inheritance; and if the inheritance is excluded (loss) is a legal guarantee that is not allowed to her."
"Yes! Lawyer Wu! This is what I need! Then what should I do?" Aunt Chen asked anxiously.
"I suggest that Aunt Chen can come and have a job. We will write clearly in the job, what behaviors do the little daughter have, which will cause you to feel serious mental pain such as disobedience and unfiliality, so it is a major abuse in civil law. She will not be allowed to inherit her inheritance in the future!"
"Okay, Lawyer Wu, can you come and help me with this job?"
"Yes, but before we have to use the lawyer to write on behalf of our lawyer, we still need to make some preparations. For example, when you are in charge, please bring 2 witnesses to see the process of verifying the certificate to ensure that the decision is made independently under your mental health……"
"Okay! Are there anything else to pay attention to?"
"For written certificates or certifiers about the unfilial behavior of the little daughter, it is best to save and prepare first to avoid your eldest daughter's certificate when the little daughter returns to compete for property in the future."
"Of course, if you are interested, we can also examine your property and see how to arrange it. With the planning, we may not leave all the property until it becomes a property. As for your husband's property, we can also evaluate whether you want to claim the right to allocate the remaining property difference between the couple? To make the husband's property smaller, the father's property will naturally be less."
"Okay! What else does it need to be prepared for that specific property? Please tell me again!"
I want to help Aunt Chen handle the problems in front of her first. If there is a chance in the future, I want to understand further why things have come to this point? Let’s see if there is no way to help them get out of their relationship.
The relationship between parents and children will come to this point. In experience, it is usually related to how parents interact with their children during their children's growth. How does it become a value-for-money for children, making him/her think: "All everything parents have to do with me, of course?"
Or maybe something happened that makes children feel insecure when they grow up? Let him/her feel: "I must take all the things now, otherwise I will be taken away by others?" It is indescribable that after the children get married, their spouses' value will also have some impact on their children.
These valuable growth must not be 1 or 2 days, but I believe that no family wants to get this step, how to avoid it, and how to deal with it when they really accidentally get to this step, which has the wisdom of everyone.
Reference method: Article 1145 of the Civil Law: "If any of the lies listed in the left, the right to inherit: 1. A declaration that the inheritor is deliberately caused to be punished for death or the inheritor is not caused to death. 2. A person who forces the inheritor to be a traitor for inheritance by deception or deportation, or causes it to be withdrawn or changed. 3. A person who uses deception or deportation to obstruct the inheritor to inheritance by deception or deportation. 4. Those who commit, transform, hide or obstruct the inheritor from the inheritor's inheritance. 5. Those who have committed serious abuse or insults to the inheritor's inheritance, and those who have expressed that they cannot inherit. The provisions of the second to fourth paragraphs of the preceding paragraphs, if the inheritor is forgiven by the inheritor, their inheritance will not be lost. ”
※This article is authorized to be reprinted with the "Love Longer License". Original source