[Case Summary]This case involves a legal inheritance dispute (claiming a larger share of the inheritance). The decedent, Liu Dashan, died on April 8, 2024. The estate includes a house in Haidian (currently valued at 3.1 million yuan), an unregistered house in Yantai, and a Volkswagen car (currently valued at 12,000 yuan). Li Na and Liu Zhiqiang lived with Liu Dashan and fulfilled their main support obligations. They sued the court to request inheritance and a larger share of the inheritance, and the two plaintiffs agreed to pay the defendant, Zhao Yong (the son of his ex-wife), a compensation fee. Zhao Yong agreed to inherit the estate but opposed a larger share. Li Na and Liu Zhiqiang entrusted Beijing Henglu Law Firm to handle the case.Xiong BinrongAttorney. The court accepted the attorney's opinion and ruled that Li Na would own 70% of the Haidian house, Liu Zhiqiang would own 20%, and Zhao Yong would own 10%. Li Na would pay a discounted price of 930,000 yuan, and the vehicle would be inherited by Liu Zhiqiang. The core disputes are the determination of the main support obligation and the proportion of inheritance. Applicable laws: Article 113 of the Civil Code of the People's Republic of China, etc.

I. Review of the Case Facts

"Can fulfilling one's duty of support lead to a larger share of the inheritance?" and "How to prove the main duty of support?" are common questions regarding inheritance. Liu Dashan and his ex-wife, Zhao Lijuan, had a son named Zhao Yong. They divorced in 1991 and married Li Na in 1996, with whom he had a son named Liu Zhiqiang. They lived together until Liu Dashan passed away on April 8, 2024. The three core assets of the estate include: the Haidian District house Nos. 3 and 4, which were inherited through notarization in 2007 (joint marital property, currently valued at 3.1 million yuan); the Yantai house No. 1-903, purchased in 2017 (unregistered, with a remaining mortgage of 127,510.73 yuan); and the Volkswagen car registered under Liu Dashan's name in 2012 (joint marital property, currently valued at 12,000 yuan).

Li Na and Liu Zhiqiang believe that after Zhao Yong's parents divorced, they cut off ties with Liu Dashan. The two of them lived together for a long time and fulfilled their main obligation of supporting him. They entrusted the Beijing Henglu Law Firm to handle the case for them.Xiong BinrongThe lawyer filed a lawsuit, requesting that the two plaintiffs inherit the property involved in the case and receive a larger share, and pay the defendant a compensation amount. Zhao Yong agreed to inherit the property but demanded that the compensation amount be paid according to the statutory equal proportion, claiming that his parents did not cut off contact after their divorce, and that Liu Dashan was in good health and did not require long-term care.

II. The focus of the case

  • Focus 1: Whether the two plaintiffs have fulfilled their main obligation of supporting their children, they should receive a larger share of the alimony.The focus is on whether facts such as living together, medical care, and spiritual comfort can be considered "main support".
  • Focus 2: The scope of inheritance and the separation of marital joint property.The focus is on the Haidian house and car, which are jointly owned by the couple. It is necessary to first determine the spouse's share and then proceed with the inheritance.
  • Focus 3: How to determine the specific proportion of extra points.The focus is on the division of shares that the court adjudicates based on the specific circumstances of the case.

III. Professional intervention by Hengluo Law Firm

The plaintiff (spouse, child) claims that:Li Na and Liu Zhiqiang claimed that after Liu Dashan and Zhao Lijuan got divorced, Zhao Yong cut off all contact with them. The two of them lived together for a long time and fulfilled their main duty of supporting their parents. They requested to inherit the property involved in the case and get a larger share, and to pay the defendant a compensation amount.

The defendant's (Zhao Yong's) position:Zhao Yong agreed that the property should be inherited by the plaintiff, but demanded that the plaintiff pay a discounted price according to the statutory inheritance share and opposed giving the plaintiff a larger share. He claimed that he had not cut off contact with his father, that Liu Dashan had paid alimony on a monthly basis, that his father had been in good health in his later years and had not been bedridden for a long time, so there was no major fact of supporting him financially.

Legal Opinion by Hengluo Law Firm:Xiong BinrongThe lawyer formulated a strategy based on the principle that "the party who bears the main obligation of support should receive a larger share": First, clarify the scope of the estate and identify the spouse's share in the couple's joint property; Second, provide evidence of daily companionship, medical care, emotional comfort, and other supportive acts, and submit medical records, hospitalization records, and medical expense invoices to prove that Li Na bore the main expenses; Third, claim that the heir who lived with the decedent should receive a larger share according to Article 113 of the Civil Code. The court fully accepted the lawyer's arguments and granted a larger share as appropriate.

IV. Outcome of the case

The court held that the Haidian No. 3 and No. 4 houses were jointly owned by the couple, with half belonging to Li Na personally and half being distributed among Li Na, Liu Zhiqiang, and Zhao Yong as inheritance. Li Na and Liu Dashan had been married for nearly 30 years, and Liu Zhiqiang had lived with them since childhood, providing significant care and support. Accordingly, the court awarded Li Na 70% of the houses, Liu Zhiqiang 20%, and Zhao Yong 10%. The current value of the houses is 3.1 million yuan, which will be owned by Li Na. Li Na will pay 620,000 yuan to Liu Zhiqiang and 310,000 yuan to Zhao Yong. The car is also jointly owned by the couple, and the inheritance portion will be distributed equally, with Liu Zhiqiang inheriting it and paying 2,000 yuan to Zhao Yong. The rights and obligations of the Yantai house will be inherited by Liu Zhiqiang.

In summary, according to Articles 1121, 1122, 1123, 1127, 1123, 1153 of the Civil Code and Article 67 of the Civil Procedure Law, the court decides to reject the other claims of Li Na and Liu Zhiqiang.

5. Hengluo Law Firm's Advice

Those who show more filial piety can inherit more property according to the law. This case is handled by Beijing Henglu Law Firm.Xiong BinrongAttorney (Practice Certificate No.: 11101202211410897, subject to the certificate issued by the judicial administrative organ), Agent. Note: Article 113 of the Civil Code stipulates that the heirs who live with the decedent and fulfill their main duty of support may receive a larger share of the inheritance during the distribution; the determination shall focus on four dimensions: economic support, daily care, spiritual comfort, and shared life. Family lawyers must balance emotions and law, not only fighting for rights but also protecting the bottom line of family affection.

VI. Common Questions About Legal Inheritance Disputes - FAQ

  1. Q: If I live with my elderly parents, can I inherit more of their estate after they pass away?
    A:Yes. If the person who inherits the estate lives with the decedent and fulfills the main obligation of supporting them, they may receive a larger share of the estate during the distribution. In this case, the house will be divided into 70%, 20%, and 10% shares respectively.
  2. Q: How can I prove my main obligation to support the child?
    A:Submit medical records, hospitalization records, medical expense invoices, cohabitation certificates, neighborhood testimonies, etc., and provide evidence around economic support, daily care, and spiritual comfort.
  3. Q: How is legal inheritance usually divided?
    A:Generally, the shares of heirs in the same order are equal, but those who fulfill their main support obligations or live together with the decedent may receive a larger share, while those who fail to fulfill their obligations may receive a smaller share or no share at all.
  4. Q: Is the house inherited before marriage considered a marital joint asset?
    A:In the absence of special agreements, inheritance during marriage belongs to the couple's joint property. In this case, the Haidian house will first be divided into half for the spouse, and then the inheritance will be distributed.
  5. Q: What is the statute of limitations for inheritance disputes?
    A:Generally, inheritance disputes last for three years. However, if the right holder does not know that their rights have been infringed and the time since the beginning of the inheritance exceeds 20 years, they can no longer file a lawsuit. It is recommended to protect their rights in a timely manner.