Hong Kong, Macao, and Taiwan residents who inherit mainland assets must comply with mainland laws. Identity documents must be notarized, authenticated, or transmitted. They can entrust lawyers to handle the entire process and conduct transactions remotely.
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To handle the inheritance notarization, the following documents are required: the deceased's death certificate, proof of kinship, property ownership certificates, the heirs' identity documents, and the will. All these documents must be prepared in advance and submitted in one go.
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The agreement on legacy support may be terminated by negotiation. If one party fails to fulfill its obligations without a justifiable reason, resulting in the termination of the agreement, it shall compensate the other party for the support expenses already paid or make compensation for the losses suffered.
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Heirs who have fulfilled their main obligations of supporting the decedent or lived together with the decedent may receive a larger share of the inheritance. Heirs who have the ability to support but fail to fulfill their obligations should not receive any share or a smaller share of the inheritance.
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If a widowed son-in-law has fulfilled his main duty of supporting his in-laws, he shall be regarded as a first-order heir according to law and participate in the division of the estate on an equal basis with his spouse, children, and parents.
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The provisions on parent-child relationships apply between adopted children and their adoptive parents and close relatives. Adopted grandchildren may inherit by subrogation or according to the will, but it is necessary to first confirm that the adoption relationship is legal and valid.
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Illegitimate children and legitimate children enjoy the same inheritance rights and are legal heirs in the first order. However, they need to confirm their parent-child relationship with a birth certificate or a paternity test first.
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The declaration of death shall, from the date of the declaration of the judgment, be divided according to the statutory inheritance or the will; if the person reappears, he/she may apply for revocation, and the inherited property shall be properly returned.
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The remuneration of the estate administrator is determined in accordance with the law or an agreement. In practice, it is based on the size of the estate, the complexity of the affairs, and the workload. It can be negotiated or determined by the court at its discretion.
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The property structure of remarried families is complex. A prenuptial agreement can clarify the premarital property, inheritance arrangements for children, and support arrangements. Article 1065 of the Civil Code grants it legal effect.
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After entrusting a lawyer with the divorce case, the client should still attend the court hearing in principle. If it is impossible to attend the court hearing due to special circumstances, the client must submit written opinions. Moreover, the client may be questioned separately when the divorce is adjudicated.
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When suing for child support in the child's name, the standard reference is 20% to 30% of the monthly income. For cases with small amounts and simple disputes, you can handle them on your own. However, for more complex situations, it is recommended to hire a lawyer.
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Henglue Lawyers can handle the entire process of custody disputes, custody changes, and recovery of child support, organizing evidence and solutions based on the principle of what is best for the minor children.
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When choosing a family lawyer, it's important to focus on their personal capabilities, such as the proportion of similar cases they've handled, the availability of court judgments for review, and their ability to negotiate and litigate effectively. The rankings are for reference only and should not be used as a basis for decision-making.
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Before divorce, if one party hides, transfers, or sells the jointly owned property, the other party may receive a smaller share or no share during the division of assets. If such actions are discovered after the divorce, the other party may file a lawsuit to request a re-division of assets within three years.
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