Dahua Law Firm's Tang Yunhong Attorney Represents Inheritance Dispute Case, Successful Mediation! Assists Client in Receiving Large Amount of Property!

In 2020, the deceased heir passed away due to illness, leaving behind 3 small property houses in Shenzhen, 2 red-card houses in Zhanjiang, and several hundred thousand yuan in bank deposits. For nearly three years, the five heirs fought over the inheritance left by their parents, pulling each other apart. Later, the eldest brother filed a lawsuit against the other heirs, demanding the division of the small property house located in Shenzhen. After receiving the lawsuit documents, the third sister contacted my office, and after communication, she entrusted the case to my office for handling.

Second,Dispute focus and investigation process

After accepting the commission, Tang Lawyer sorted out the inheritance situation, calculated the cash value corresponding to the property, and prepared a distribution plan.

After accepting theentrustment， only one week remained before the trial, and the time was tight with heavy tasks. In response, Tang Law first communicated with the client, asking them to inform him of all the property left behind by the deceased, including but not limited to real estate, vehicles, savings, equity stocks funds, social security, housing fund, and pension, and to confirm the current status of each item of property, then compare it with the property listed in the complaint for division. Tang Law found that nearly half of the inheritance was in the hands of his older brother, and none of it was listed in the property division list in the complaint. Therefore, Tang Law immediately confirmed with the client whether a counterclaim should be filed, demanding the division of the inheritance in the hands of the older brother.

(2) Call the court to clarify the current status of all the heritage and inform the court of the mediation plan provided by our side.

After making out the inheritance list, Tang Yunhong, the lawyer, found that the small property rights house claimed as part of the inheritance by the elder brother of the plaintiff had been gifted to the third sister before the deceased passed away, and the original documents such as the historical legacy declaration receipt were also entrusted to the third sister for safekeeping. In fact, for nearly a decade, the property has been occupied, used, and kept by the third sister, and the rent from the lease was also collected by the third sister. The other siblings are also willing to testify in court for the third sister. Therefore, we have listed the reasons for the part that does not belong to the inheritance and submitted a distribution plan for the registered inheritance list to the court. After receiving it, the court actively contacted the plaintiff to mediate and appointed a mediator to guide the mediation plans of both parties.

(3) Resolve the three-year conflict between siblings in just one month.

After the parents pass away, the closest relationship should be among the siblings. Based on respecting the deceased's wishes and the legal basis, drafting a property distribution plan is the fastest way to resolve the client's claims. Under the professional mediation skills of Tang Lawyer, the client ultimately preserved the two small property houses gifted to them by their parents before their death and obtained a one-third share of the third small property building.

Three,Investigation results

After the hearing was held by the Bao'an District People's Court of Shenzhen, both parties finally reached a mediation agreement:

1. The two small property houses currently occupied and used by the principal do not constitute inheritance and shall not be divided.

2. The third small property house is obtained by the principal with a one-third share, and the remaining two-thirds are evenly distributed among the other siblings.

3. The red book house and bank deposits in the plaintiff's hometown of Zhanjiang are valued and compensated to each defendant in proportion to one-fifth of the total share.

Four,Experience in law enforcement

The inheritance dispute boils down to how the money is divided. Close brothers should settle accounts clearly. In the absence of a will, it is necessary to clarify facts such as the current state of the inheritance and whether the deceased had actually made a disposition of the property before their death. Mediation within the scope acceptable to both parties and the issuance of a legally binding mediation document by the court is the fastest and most effective way to resolve the dispute.

(Tang Lawyer)

Five,Legal regulations

Civil Code

Article 1122: Heritage is the legitimate personal property left by a natural person at the time of their death. Heritage that cannot be inherited according to legal provisions or its nature shall not be inherited.

Article 1123: After the inheritance begins, it shall be handled in accordance with the statutory succession; where there is a will, it shall be handled in accordance with the testamentary succession or legacy; where there is a legacy and support agreement, it shall be handled in accordance with the agreement.

Article 1127: The inheritance shall be inherited in the following order: (1) The first order: spouse, children, parents; (2) The second order: siblings, grandparents, granduncles and grandaunts. After the inheritance begins, the first-order heirs shall inherit, and the second-order heirs shall not inherit; if there are no first-order heirs to inherit, the second-order heirs shall inherit.

The term "children" referred to in this chapter includes legitimate children, illegitimate children, adopted children, and stepchildren with a foster relationship. The term "parents" referred to in this chapter includes biological parents, adoptive parents, and stepparents with a foster relationship. The term "siblings" referred to in this chapter includes siblings with the same parents, siblings with different fathers or mothers, adopted siblings, and stepsiblings with a foster relationship.

Article 1130: The share of inheritance inherited by heirs in the same order shall generally be equal. When distributing the inheritance, consideration should be given to heirs who have special difficulties in living and lack the ability to work. Heirs who have fulfilled the main obligation of support to the deceased or have lived together with the deceased may receive a larger share. If the heirs agree through negotiation, the inheritance may not be distributed equally.

Dao Hua Marriage and Family Law Firm, ten years focused on · major property marriage and family legal services, expert in marriage inheritance and family disputes (mediation/trial), is [Shenzhen native]- One of the influential brands in marriage inheritance and wealth management legal services. The team has handled over 1000 cases related to marriage inheritance, and has extensive experience in dispute resolution fields such as complex marriage and family matters, inheritance disputes, will drafting, and family property distribution. Utilizing local wisdom, the team is skilled in handling difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, and will drafting and notarization, as well as inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of "securing property safety, preventing legal risks, and empowering wealth appreciation," we gather experts from industries such as law, banking, insurance, and finance tax, with rich successful cases. We provide a comprehensive package of solutions for marriage, family affairs, and wealth inheritance for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals), to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance. Asset types cover: real estate (commercial housing, small property rights housing, land use rights, etc.), various property rights and interests (equity, debt, relocation compensation, copyright, invention patents, etc.). The team has completed the compilation of "Daohua Successful Cases of Marriage and Inheritance" and "Legal Practice of Family Wealth Inheritance," and both legal practice and theoretical research have achieved remarkable results.