Mrs. Deng is an elderly man in her seventies, and because of her lonely situation, coupled with the nostalgia for Uncle Deng, she becomes more and more lonely and sad. Her children are also worried about her emotions, and they see it in their eyes and feel distressed in their hearts.
Uncle Deng is the biological brother of Mrs. Deng, and for some reason, he has never married and has no heirs. Because he has limited mobility, he has been cared for by his sister and her children. After Uncle Deng died of illness, Mrs. Deng felt extremely lost and sad, and she stared at the relics left by Uncle Deng in a daze every day.
One day, Mrs. Deng's children decided to sort out Uncle Deng's relics so that Mrs. Deng would no longer be in love with the scene. In the process of sorting, Mrs. Deng found a bank card. She didn't know how much balance there was in this card, and she didn't know the password, because Uncle Deng didn't leave any explanation when he died.
Mrs. Deng brought her ID card, Uncle Deng's death certificate and other relevant supporting materials to the bank. With a glimmer of hope, she hopes to learn about Uncle Deng's legacy. However, under the inquiry of the bank staff, she learned that she could only check the balance in Uncle Deng's bank card, but could not withdraw money. The bank explained that although Mrs. Deng was Uncle Deng's own sister, she was not legally the first in line to the heir, so she could not handle the withdrawal procedures.
When Mrs. Deng heard the news, she immediately felt very sad and angry. She said to herself: "My brother has never married, no spouse and no children, our parents have long since died, and now only my sister is still in the world, if even I am not qualified, then who else is qualified?" However, the bank staff did not heed Mrs. Deng's appeal, insisting that they would not withdraw money unless Mrs. Deng could provide evidence.
As we all know, the thinking and action of the elderly are slightly sluggish, and it is difficult to make up for the lack of evidence at the age and state of Mrs. Deng. Faced with this dilemma, Mrs. Deng decided to take the bank to court, and she tried to speak with facts in front of the judge, so that the law could judge whether the matter was fair or not.
After a period of waiting, the day of the trial finally came. Mrs. Deng came to the court with her bank card, ID card, Uncle Deng's death certificate and other relevant materials. She hopes that the judge will give her a just verdict so that she can legally obtain Uncle Deng's estate.
At the beginning of the trial, the judge first questioned both parties and learned the basic facts of the case. Mrs. Deng then began to state her grievances and what she thought was the bank's unfair treatment. She told the fact that Uncle Deng had never married in his life, had no relatives and no reason, and provided relevant evidence. At the same time, she also emphasized that as Uncle Deng's only sister, she should have the right to receive his inheritance.
The bank's lawyer countered that according to the relevant legal provisions, the order of kinship inheritance is not determined by kinship, but has a strict legal order. As Uncle Deng's own sister, although Mrs. Deng enjoys a certain right of inheritance, she is not the heir in the first line. According to the law, the order of succession of relatives should be spouse first, then children, and then brothers and sisters. Therefore, Mrs. Deng did not have the right to handle the withdrawal procedures.
The judge delivered his verdict after careful consideration. He said that according to the evidence provided by Mrs. Deng and the relevant legal provisions, there was indeed a problem of unfair treatment by the bank. According to the provisions of Articles 27 and 28 of the Inheritance Law, Mrs. Deng does have the right to receive Uncle Deng's estate. Therefore, the court ruled in favor of Mrs. Deng's request to withdraw Uncle Deng's estate and required the bank to cooperate with the corresponding procedures.
This verdict made Mrs. Deng breathe a sigh of relief, she could finally legally obtain Uncle Deng's inheritance and complete the last care for her younger brother.
Aunt Du's point of view:
1.As Uncle Deng's only biological sister, Mrs. Deng is Uncle Deng's lifelong relatives and supporters, and should have the right to inherit his inheritance. She has been taking care of Uncle Deng in the past years, and she has done a lot for him and deserves to be duly rewarded.
2.Uncle Deng has never married or had children in his life, and has no other relatives, Mrs. Deng is his only close relative, and he is also his only economic ** and raiser during his lifetime. Mrs. Deng played a very important role in Uncle Deng's lifetime, and she should be able to legally inherit Uncle Deng's estate.
Uncle Zhang's point of view:
1.According to the law, the order of legal heirs is spouse, children, parents, etc., although Mrs. Deng is Uncle Deng's sister, but it is not within the scope of legal heirs. The bank's rejection of her request was in accordance with the law.
2.It is the bank's responsibility to ensure that the distribution of the estate is lawful and reasonable, and should not allow Mrs. Tang to withdraw money just because of her words. It is not an exaggeration for the bank to ask Mrs. Tang to provide more evidence to ensure the fairness and legitimacy of the distribution of the estate.
In any case, in the end, the court ruled in favor of Mrs. Deng's request. This shows that the court agrees with Mrs. Deng's predicament of being old and has no other life, and believes in her sincere feelings for Uncle Deng and her dedication to his life. Such a verdict can also bring a sense of fairness and justice, and give people confidence that the law can protect the rights and interests of vulnerable people.
Legal Opinions:1According to Article 27 of the Inheritance Law, unless otherwise provided in the will or entrusted by other heirs, if the heir applies for inheritance, he shall provide the identity certificate of the heir, the death certificate of the decedent and evidence clearly showing the kinship between the heir and the decedent, and if the decedent is two or more heirs of the same generation who died on the same day, the heir shall provide evidence of the relationship between the siblings and the spouse.
2.According to Article 28 of the Inheritance Law, the heir shall go through the inheritance formalities in accordance with the law, however, if the affairs are busy, or if the executor is appointed to handle the matter on behalf of the heir in accordance with the wishes of the heir, the heir may entrust another person to handle the matter on his behalf.
3.According to the above legal order and relevant evidence, Mrs. Deng does have the right to inherit Uncle Deng's estate, therefore, the court ruled in favor of Mrs. Deng's request to withdraw Uncle Deng's estate, and requested the bank to cooperate with the corresponding procedures.