[Case Summary]This case involves an inheritance dispute. Ms. Wang remarried Mr. Liu in 2001, and Mr. Liu had a daughter, Liu ***, with his ex-wife. In 2017, Mr. Liu died without leaving a will. His housing provident fund and pension insurance benefits were all acquired after their marriage and belonged to the couple's joint property. Liu *** controlled and withdrew funds from Mr. Liu's salary card and housing provident fund card, and objected to her inheriting the assets on the grounds of Ms. Wang's abuse and abandonment of Mr. Liu. Ms. Wang entrusted the Beijing Henglu Law Firm to handle the case on her behalf.Fù XiǎofeiThe lawyer (and Attorney Guo Yamin) acted as the agent and claimed to inherit Liu's estate according to law. The court adopted some of the opinions and ruled that Liu should pay Wang 111,194.77 yuan as the discounted value of the balance of her housing provident fund account and interest, and the 3,469 yuan in her personal pension insurance account should be given to Wang. The core disputes include the division of marital joint property, the share of statutory inheritance, and the defense of abandonment. The applicable legal provisions are the Inheritance Chapter of the Civil Code and the relevant provisions on marital joint property.

I. Review of the Case

"Can a remarried spouse inherit the estate of the other spouse's premarital children?" "Does the housing provident fund of the deceased count as joint property?" "What should be done if the stepchildren refuse to acknowledge their spouse's inheritance?" These are typical disputes in remarried families. Ms. Wang from Beijing was worried about the inheritance issues in her family and, after investigation, chose to entrust Beijing Henglu Law Firm with the case.FU XiaofeiThe lawyer, together with Attorney Guo Yamin, represented the client in protecting their rights and interests.

Ms. Wang and Liu * were remarried. They registered their marriage in 2001 and did not have any children after marriage. Liu * and his deceased ex-wife had a daughter, Liu *, who has been living with her mother since their divorce. In April 2017, Liu * died of illness without leaving a will. His mother had already passed away, leaving only his father, Liu * 1, in the family. After Liu *'s death, his salary card, provident fund card, and other financial accounts were controlled by his daughter, Liu *, who withdrew the funds from them.

Ms. Wang believes that she and Mr. Liu are legally married and legitimate heirs, and should enjoy the right of inheritance. However, Mr. Liu III firmly opposes Ms. Wang's claim, citing reasons such as Ms. Wang's abuse, abandonment, and emotional breakdown towards Mr. Liu. During the litigation process, Henglu Law Firm promptly communicated the case facts to determine the nature and scope of the decedent's estate. It was determined that the amounts in the housing provident fund and pension insurance accounts were acquired during the marriage and belonged to the couple's joint property. After Mr. Liu's death, half of the amount would belong to Ms. Wang and the other half would be part of Mr. Liu's estate. Since no will was left, the inheritance should be divided according to the statutory succession rules. As a legal wife, Ms. Wang should enjoy the right of inheritance.

II. The focus of the case

  • Focus 1: Whether Liu's housing provident fund and pension insurance fund belong to the couple's joint property.This means that Ms. Wang will first receive her share of the inheritance and then her statutory inheritance share.
  • Focus Two: How to determine the legal inheritance share of Ms. Wang as a spouse.The scope and distribution of heirs in the first order of succession.
  • Focus Three: Whether the defense of abuse and abandonment claimed by Liu *3 is valid.If it is established, it may affect the distribution of assets and even the eligibility for inheritance.

III. Professional intervention by Hengluo Lawyers

The plaintiff (spouse) alleges that:As Liu's legal spouse, I should inherit his estate (including provident fund and pension insurance) in accordance with the law, and I, as his spouse, am entitled to inheritance. I request to obtain the funds to which I am entitled.

The defendant (stepdaughter) argued that:Ms. Wang has been subjected to abuse and abandonment by Liu * and their relationship has broken down. She firmly opposes Liu *'s claim to inheritance.

Legal Opinion by Hengluo Law Firm:FU XiaofeiAfter receiving the case, the lawyer and Guo Yamin communicated with the client to determine the nature and scope of the inheritance, concluding that: the inheritance refers to the legal property left by a natural person upon their death; the shares of heirs in the same order are generally equal; unless otherwise agreed, when distributing the inheritance, half of the property should first be allocated to the spouse, and the remainder shall be the inheritance of the decedent. In this case, the amounts in Liu's housing provident fund and pension insurance account were all obtained during his marriage with Ms. Wang, and should be considered marital joint property. After Liu's death, half of the amount belongs to Ms. Wang, and the other half belongs to Liu's inheritance. Since Liu did not leave a will, his inheritance will be divided according to statutory succession, and Ms. Wang, as a legal wife, is entitled to inheritance rights according to law.

IV. Outcome of the case

After the trial, the court adopted some of the opinions and main claims of Hengluo Lawyers. The first-instance judgment: The defendant, Liu *3, shall pay the plaintiff, Ms. Wang, the balance and interest of the housing provident fund account of Liu *3 at a discounted price of 111,194.77 yuan; the balance of 3,469 yuan in Liu *3's personal pension insurance account shall belong to the plaintiff, and the balance of 3,469 yuan shall belong to the defendant. The court held that although the plaintiff claimed that she had been driven out of the home and had not returned home for nearly 10 years, the court did not accept her claim due to the lack of evidence; given that the plaintiff failed to fulfill her duty of support towards Liu *3, the court did not divide the inheritance for her, but the plaintiff should return the share of the disputed funds that she had received.

5. Hengluo Law Firm's Advice

In a remarried family, the spouse has the right to first divide in half the provident fund and pension insurance obtained during the marriage, and the rest shall be inherited in accordance with the law. This case was handled by Beijing Henglu Law Firm.FU XiaofeiThe lawyer (practice license number: 11101202111348854, subject to the certificate issued by the judicial administrative organ) acts as an agent and reminds the heirs to assert their rights in a timely manner and pay attention to keeping evidence of fulfilling their duty of support.

VI. Common Questions and Answers about Inheritance Disputes in Remarried Families

  1. Q: Can a remarried spouse inherit the other spouse's estate?
    A:Yes. A legal spouse is the first-order statutory heir, and they inherit in the same order as the other spouse's children and parents, regardless of whether they remarry or not.
  2. Q: Is the housing provident fund of the deceased considered a jointly owned asset?
    A:The housing provident fund obtained during the marriage is the couple's joint property. First, half of it is divided to the spouse, and the other half is inherited as the heir's estate.
  3. Q: What should I do if my stepchildren don't recognize my spouse as their legal heir?
    A:The spouse may claim statutory inheritance with a marriage certificate and a proof of kinship; the stepchildren who want to defend against abuse and abandonment must provide evidence, otherwise it will not affect the spouse's right of inheritance.
  4. Q: Can someone who has not fulfilled their duty of support still inherit an estate?
    A:They may receive a smaller share or no share at all. If the heirs have the ability and conditions to support the deceased but fail to fulfill their obligations, they may receive a smaller share or no share at all when the inheritance is distributed, but this must be supported by evidence.
  5. Q: How is the personal account for pensions divided?
    A:The personal account portion of the pension insurance paid during marriage belongs to the couple's joint property. First, half of it is given to the spouse, and the remaining part is distributed as inheritance according to the law.