[Direct answer]Yes. Inheritance disputes fall under the scope of civil litigation, and lawyers can represent clients in filing lawsuits or defending against lawsuits, handling matters such as defining the scope of the estate, reviewing the validity of wills, calculating shares and distributing assets at a discounted price. Article 1127 of the Civil Code of the People's Republic of China determines the statutory order of inheritance, and Article 1128 stipulates that if the decedent's children die before the decedent, the decedent's direct descendants shall succeed to the inheritance in their stead; if an heir dies before the division of the estate and has not renounced the inheritance, the share of the estate that should have been inherited by the heir shall be transferred to his or her successor. Article 1130 stipulates that the same-order heirs shall generally inherit equally, and heirs who have fulfilled their main support obligations or lived with the decedent may receive a larger share. Article 1124 stipulates that the renunciation of inheritance shall be made in writing before the estate is dealt with. Therefore, the core of the agency is to clarify "who is entitled to a share, how much of a share they are entitled to, and how the assets will be liquidated and distributed".

I. Problem Background and Typical Scenarios

Reconstituted families, families with multiple children, and families with intergenerational cohabitation are most likely to have disputes over the division of inheritance. Common situations include: one spouse dies first, and the other spouse dies many years later, with children dying in the meantime, resulting in the coexistence of transfer succession and subrogated succession; the decedent transferred money to a certain child multiple times before death, and other heirs claimed that it was a transfer of property; some heirs claimed that they should receive a larger share because they took care of the elderly for a long time; and some heirs verbally expressed their intention to waive their rights but failed to complete the formal procedures. When the Beijing area courts handle such cases, they will require the plaintiffs to clarify their litigation requests and the method of calculating their shares, so it is particularly crucial to sort out the legal relationship before filing a lawsuit.

II. Key points of contention

First, how to determine the scope of heirs and whether it involves subrogated succession or transfer of succession. Second, how to first separate out the spouse's share of the marital joint property and then determine the scope of the estate. Third, whether the transfer of funds during the lifetime of the decedent was a legitimate disposition by the decedent or an attempt to transfer or hide assets. Fourth, whether the waiver of inheritance is valid and whether oral declarations can be admitted as evidence. Fifth, whether caregiving contributions can lead to a higher share and what kind of evidence is needed to support this. Sixth, how to determine the ownership of indivisible property such as real estate and provide compensation in the form of a cash payment.

III. Professional analysis by Henglue Law Firm

In an inheritance dispute handled by Henglue Lawyers, Li * and Zhou * had three sons. Zhou * died in 2017, and their second son died shortly after in 2017. Li * died in 2022. The second son and Zhao * registered their marriage in 2010 but did not have any children. The two houses were registered under Li *'s name and were considered marital joint property between Li * and Zhou *. Zhao *, as the second son's spouse, claimed inheritance but was opposed by other heirs, so she entrusted Henglue Lawyers to represent her. Henglue Lawyers' analysis and arguments were as follows: First, if an heir dies before the division of the estate and does not renounce their inheritance, their share of the inheritance should be transferred to their heirs, so Zhao * has the right to claim her corresponding share as an heir. Second, the two houses inherited by the second son each account for one-eighth of the total, which belongs to his marital joint property with Zhao *. Among these, one-sixteenth belongs to the second son's inheritance and should be handled according to statutory inheritance laws. Third, the written materials and audio recordings submitted by the defendant cannot prove that Zhao * renounced her inheritance, as such a renunciation must be explicitly made in writing before the estate is handled. Mere guidance-oriented audio recordings do not constitute a valid renunciation. Fourth, a party who has lived with the decedent for a long time and fulfilled their main support obligations may be granted a higher share in the distribution. The court ultimately ruled that the two houses would be jointly inherited by all parties with their respective shares specified, and the savings would be inherited by the party who fulfilled the main support obligations and would pay compensation to other heirs. This case shows that in cases involving remarriage and subrogated inheritance, the calculation of shares must be broken down layer by layer to arrive at a solution acceptable to the court. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: Firstly, draw a timeline of inheritance, marking the time of each death and the corresponding inheritance relationship; Secondly, distinguish between marital joint property and personal property, and proceed with the division of property before inheritance; Thirdly, verify whether there are situations of subrogated inheritance or transferred inheritance; Fourthly, if the claim to waive inheritance is not established, it should be pointed out that there is a lack of written form or clear expression of intention; Fifthly, for those who claim a larger share of maintenance contributions, prepare transfer records, nursing records, and medical treatment records. For inheritance and property division lawsuits, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.\nInheritance of property and division of family assetsFor matters involving marital property and the rights and interests of spouses, you may refer to the following for reference.Divorce litigation and family disputesLegal basis: Articles 1122, 1124, 1127, 1128, 1129, and 1130 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, in inheritance litigation, it is necessary to clarify the relationships and timelines first. If the share calculation is incorrect, the request will be rejected. Second, the spouse's half of the marital property must be separated out first. The will or inheritance can only dispose of the decedent's own share. Third, the waiver of inheritance must be explicitly stated in writing. Oral statements or guided recordings are usually insufficient to be recognized. Fourth, real estate and other indivisible property can be handled by means of compensation in cash, taking into account the interests of all parties. For cases involving estate division and inheritance in remarried families, it can be handled through legal procedures.Inheritance of property and division of family assetsThe service provides a comprehensive solution, which involves the integration of the spouse's property rights and interests with the marriage property agreementDivorce litigation and family disputesFor reference, you can check the information about the ownership of the property and its discounted value in the section on "Plates".Property transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: What types of lawsuits can inheritance dispute lawyers handle?

It can handle legal succession disputes, will inheritance disputes, bequest disputes, and disputes over the repayment of the decedent's debts, etc. Specific tasks include determining the scope and share of the heirs, reviewing the validity of the will, handling subrogated succession and transferred succession, claiming a larger share of the maintenance contributions, handling the evaluation and compensation of real estate and the distribution of funds, and assisting in the transfer of ownership after obtaining the effective legal document.

Q2: What is subrogated succession?

After the inheritance begins, if the heir dies before the division of the estate and does not renounce the inheritance, the share of the estate that he/she should inherit will be transferred to his/her heirs. This system is usually called transfer of inheritance. It is different from subrogated inheritance: subrogated inheritance applies to the situation where the decedent's children die before the decedent, and the decedent's younger direct blood relatives will subrogate to inherit their respective shares of the estate.

Q3: Is it valid to verbally renounce the right to inheritance?

It is generally ineffective. According to Article 1124 of the Civil Code, after the inheritance begins, if the heir renounces the inheritance, he shall make a written declaration of renouncing the inheritance before the disposal of the estate; if no declaration is made, it shall be deemed that he accepts the inheritance. Only verbal statements or guiding recordings are usually not enough to determine the renunciation. The party claiming the renunciation needs to provide evidence that there is a clear written declaration.

Q4: What proportion of the estate can a remarried spouse inherit?

The calculation needs to be done in two steps. First, identify the half of the marital property that belongs to the spouse, and the remaining part will be treated as the inheritance of the decedent. Then, the inheritance will be handled according to the will or statutory inheritance. If there is no will, the spouse, children, and parents are the first-order heirs and will generally receive an equal share of the inheritance. For heirs who have fulfilled their main support obligations or lived together with the decedent, they may receive a slightly larger share.

Q5: If the property is difficult to divide, how will the court handle it?

Generally, compensation at a discounted price or shared ownership is adopted. If one party claims ownership of the house, they need to pay the corresponding compensation to other heirs; the court may also rule that the house be shared by all parties, with each party enjoying rights in proportion to their share. The court will determine the ownership based on the living conditions, contributions, and support obligations of the parties, and, if necessary, determine the value of the house through an appraisal as the basis for the compensation.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Legal services for inheritance·Attorney Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.