1. What should I do if there is a conflict between the bequest and maintenance agreement and the will?
Answer: If the deceased entered into a bequest and maintenance agreement with another person during his lifetime, and at the same time made a will, after the commencement of inheritance, if the bequest and maintenance agreement does not conflict with the will, the estate shall be treated as the bequest and maintenance agreement and the will respectively; If there is any conflict, it shall be handled in accordance with the bequest and maintenance agreement, and the will that conflicts with the bequest and maintenance agreement shall be invalid in whole or in part.
AdopteesIs it possible to inherit both the adoptive parents' estate and the biological parents' estate?
A: If the adoptee has fulfilled the obligation to support the adoptive parents, and at the same time has a large amount of support for the biological parents, he or she can inherit the inheritance of the adoptive parents and can also receive an appropriate share of the inheritance of the biological parents.
3. Such asWidowed daughter-in-lawZhang remarried someone else after her husband's death, but she still supported her deceased husband's father after remarrying, and asked if Zhang was okay after her deceased husband's father diedAs a first-in-line heir
A: A widowed daughter-in-law has fulfilled the main maintenance obligation to her in-laws, regardless of whether she remarries or not, she can be the first-order heir, and at the same time, it does not affect the subrogation of her children. Similarly, a widowed son-in-law has fulfilled the primary obligation of support to his parents-in-law and is not subject to the conditions for remarriage.
4. Zhang is Wang's neighbor, and Wang's father asked Zhang as a witness when making a will, and Wang owed Zhang 100,000 yuan, and asked Zhang if he could be a witness to the will?
Answer: The creditors of the heirs cannot be the witnesses of the will because they have an interest in the heirs. Similarly, the debtor and partner of the heir cannot be a witness to the will because they have an interest in the heir.
5. If the testator disposes of the property of others in the will, is the will valid?
Answer: If the testator disposes of the property of the state, the collective or others with a will, it shall be deemed invalid and the other parts of the will shall not be affected.
6, Zhang is a child star, 12 years old this year, in order to avoid accidents, under the witness of the agent, he wrote a will, all property is inherited by his parents, is the will valid? At the age of 26, Zhang married Wang. At the age of 28, Zhang was unfortunately hit by a car during filming and died after rescue, is the will he made at the age of 12 valid?
Answer: Zhang's will at the age of 12 is invalid because he was a person with limited civil capacity at the time of making the will. The law stipulates that the testator must have full civil capacity when making a will, and the will made by a person without civil capacity or a person with limited civil capacity, even if he himself later has full civil capacity, is still an invalid will, so Zhang died unexpectedly at the age of 28, because the will is invalid, so after his death, his estate should be handled in accordance with the statutory inheritance.
7. Does the fetus have the right to inheritance? What if a share is not reserved for the fetus? If it is reserved, but the fetus dies after birth, what happens to the estate?
A: If the fetus is born and survives, the fetus has the right to inherit. If the child is born dead, the fetus does not have the right to inherit from the beginning and does not enjoy the right of inheritance. If the share of the estate that should be reserved for the fetus is not retained, it shall be deducted from the inheritance inherited by the heirs. If the fetus is born alive but dies after birth, the share of inheritance reserved for it belongs to his estate and shall be inherited by his legal heirs in accordance with the legal inheritance.
What should be done if the heir repents after giving up the inheritance?
Answer: If the heir repents of giving up the inheritance before the estate is disposed of or during the litigation, the people's court shall decide whether to recognize it according to the specific reasons put forward by the heir. After the estate is disposed of, if the heirs repented of giving up the inheritance, it will not be recognized.
Wang had a bequest agreement before his death, which stated that the property was donated to his friend Liu after his death. On January 26, 2023, Wang unfortunately passed away. After Wang's death, his friend Liu made it clear that he accepted the bequest, but unfortunately Liu died unexpectedly five days before the transfer of the property. Q: What is the estate handled?
Answer: After the commencement of the inheritance, if the legatee makes an expression of acceptance of the bequest within 60 days after knowing that the bequest has been received, it shall be deemed to have accepted the bequest and the bequest shall be valid. If he dies before the division of the estate, the legatee's right to accept the bequest is transferred to his heirs, and his heirs shall be handled by his heirs in accordance with the statutory inheritance, so Wang's estate shall be handled by Liu's heirs in accordance with the statutory inheritance.
In the event of a dispute over inheritance, which court should I file a lawsuit with?
A: You can file a lawsuit with the people's court at the place where the decedent is domiciled at the time of death or where the main estate is located.