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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After the divorce judgment takes effect, if the other party refuses to comply with it, the applicant can apply for forced execution within two years. The court may seal up, freeze, and detain the other party's assets, and if the circumstances are serious, the other party may be charged with refusing to execute the judgment.
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During the cooling-off period, if you discover that the other party has concealed their assets, you can request them to disclose their assets again and negotiate with them. If the other party refuses, you can withdraw your application and initiate litigation. The concealing party may be awarded a smaller share or no share according to the law.
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When the parties cannot reach an agreement on a divorce by mutual consent, they should decide whether to file a lawsuit directly based on the maturity of the evidence, the scope of negotiation on the disputes, and the risk of transferring property. If there are urgent risks, they should file a lawsuit and apply for preservation measures at the same time.
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The difficulties of divorce for high net worth individuals lie in the investigation and division of equity, multiple properties, nominal ownership, and cross-border assets. A professional team determines the upper limit of divisible assets and the timing of asset preservation.
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