Disagree with the estate administrator: You can apply to the court for appointment or sue for compensation in accordance with Article 1146 of the Civil Code; if you disagree with the judgment, you must appeal within 15 days after it is served.
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The estate administrator may receive remuneration in accordance with Article 1149 of the Civil Code: it shall be obtained in accordance with the law or an agreement, and shall generally be paid from the estate, with the standard being reasonable.
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The estate administrator has six statutory duties: clearing up the estate and making an inventory, reporting on the estate's situation, preventing damage, handling creditor's rights and debts, dividing the estate, and being liable for damages in case of dereliction of duty.
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The estate administrator determines according to Article 1145 of the Civil Code that the executor of the will takes priority, the heirs elect or jointly serve as the executor, and if there are no heirs, the civil affairs department or the village committee will serve as the executor.
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The mandatory reserved share and the special reserved share are different: the former is the mandatory share reserved for vulnerable heirs according to Article 1141 of the Civil Code of China, while the latter is the mandatory share enforced by civil codes of continental law systems on a proportional basis. China does not have a special reserved share system.
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If the will does not provide for a mandatory reserved share, the beneficiary may request to retain the necessary share before the division of the estate or during litigation, and the part that the beneficiary has no right to dispose of may be declared invalid. The beneficiary may assert their rights within three years from the date they become aware of the infringement of their rights, in accordan...
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If a person lacks the ability to work and has no source of livelihood, both must be determined simultaneously: the ability to work is based on the appraisal conclusion or the disability certificate, and the source of livelihood is determined based on income, social security, and support. According to Article 1141 of the Civil Code, the necessary share of assets shall be reserved for the person in ...
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Creditors may sue spouses to repay debts together, but this is limited to joint debts: debts signed jointly, debts acknowledged after the fact, or debts necessary for daily family life; debts incurred by individuals beyond daily needs must be proven by the creditor and handled in accordance with Article 1064 of the Civil Code.
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It is not advisable for couples to hire the same lawyer from the same law firm when getting a divorce. According to Article 39 of the Lawyers Law, the same lawyer cannot represent both parties in the same case. Conflicts of interest must be avoided and resolved. It is recommended that each party hire a lawyer from a different law firm.
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Under the principle of joint debt and joint signature, debts incurred for the daily needs of the family are considered joint debts if both parties sign or ratify them; debts exceeding daily needs must be proven by the creditor.
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The child has reached the age of eight. The court determines that the custody rights should respect the child's true wishes, but still decides based on the principle of what is most beneficial to the minor child, taking into account the child's living conditions and developmental records.
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Professional divorce law firms and family law departments of comprehensive law firms each have their own advantages: the former has a large number of family law cases and concentrated experience, while the latter has strong cross-field collaboration. When making a choice, one should consider the experience in handling similar cases and the transparency of fees.
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For the first time suing for divorce, it is recommended to hire a lawyer: the lawyer can fix the evidence of the breakdown of the marriage, sort out the property and custody plans, and increase the possibility of resolving the dispute at one go according to Article 1079 of the Civil Code.
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If a couple registers their marriage abroad, they can file for divorce in China, and the case will be heard by a court with jurisdiction in China in accordance with the Civil Procedure Law. Foreign documents such as marriage certificates must be notarized and authenticated, and the case will be registered after all the required materials are prepared.
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The statute of limitations for the division of marital property is generally three years. If the concealed or transferred property is discovered, the statute of limitations begins to run from the date of discovery. Once the statute of limitations expires or the right to obtain a judgment in favor of the plaintiff is lost, the plaintiff should file a lawsuit to preserve evidence as soon as possible...
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