Criminal defense covers the entire process from investigation to execution, including crimes such as personal and property offenses, disturbing public order, and economic crimes; it is advisable to engage a lawyer as soon as possible to participate in the interrogation and bail application process.
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If there is a legal will but the heirs do not recognize it, they can sue to confirm the validity of the will and enforce it. A handwritten will is generally valid if it is in a complete form, and the party with objections must provide evidence to support their claims.
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When there is no will, the property shall be inherited according to law, and the spouse, children, and parents shall be the first order of heirs and generally share it equally. First, the ownership of the property shall be confirmed and the relevant evidence shall be collected. If no agreement can be reached through negotiation, the parties may sue to divide the shares of the property.
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Illegitimate children and legitimate children enjoy equal inheritance rights and are both first-order heirs. When claiming inheritance, they must prove their parent-child relationship and may negotiate or litigate to confirm their rights and divide the inheritance.
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For properties without a will, the transfer of ownership is handled according to statutory inheritance laws: first, the heirs and their shares must be determined, then the transfer must be processed at the real estate center with an inheritance notarization or court documents; if there are disputes among the heirs, legal proceedings must be initiated to confirm their rights.
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Inheriting an estate only serves to pay off the decedent's taxes and debts within the actual value of the inherited estate; those who renounce their inheritance are not responsible for the debts, except for the part exceeding the actual value of the inherited estate, which they may voluntarily repay.
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The legal effect of a self-written will and a proxy-written will is the same, and the key lies in the formal requirements. A self-written will must be written and signed by the testator himself and dated, while a proxy-written will requires at least two witnesses and the signature of the proxy. As long as both comply with the law, they are all valid.
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If the inheritance is appropriated by some of the heirs, the heirs can request its return, division, or compensation. In serious cases, they can request a reduced share or no share at all. According to Article 1151 of the Civil Code, it is necessary to fix the evidence as soon as possible within the three-year statute of limitations.
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In principle, the tax burden of inheriting property is very low. According to Article 6 of the Deed Tax Law, legal heirs who inherit the ownership of houses are exempt from deed tax. Inheritance is temporarily exempt from personal income tax, mainly involving registration fees, stamp duty and notarization fees. The specific details shall be subject to the determination of the tax authorities.
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The number of lawyers required to witness a will depends on the form of the will. For a will written by a proxy or a printed will, according to the Civil Code, it requires at least two witnesses. Usually, two lawyers are arranged to be present together to witness the will. However, for a self-written will, no witnesses are needed.
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Whether stepchildren have the right to inherit the inheritance of their stepparents depends on whether a fostering relationship has been established. According to Articles 1072 and 1127 of the Civil Code, stepchildren who are supported and educated by their stepparents are first-order heirs. Those who are not supported after reaching adulthood generally do not have the right to inherit.
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After divorce, whether the debts incurred by a spouse during the marriage need to be repaid depends on whether they are considered marital joint debts. According to Article 1064 of the Civil Code, debts used for common life or joint expressions of intent must be repaid jointly. Debts that exceed daily needs and are not used for common life are considered personal debts.
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To prevent a spouse from maliciously transferring deposits and real estate before divorce, you can claim a smaller share or no share according to Article 1092 of the Civil Code, and apply for property preservation. It is recommended to fix the transaction records and transfer evidence as soon as possible, and consult a professional lawyer.
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If the couple fails to jointly apply for a divorce certificate within 30 days after the expiration of the divorce cooling-off period, it shall be deemed that they have withdrawn their application for divorce registration. They must re-apply for divorce and go through the cooling-off period again. They can also choose to file a lawsuit for divorce, which is not subject to the cooling-off period res...
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When investigating a spouse's hidden deposits and real estate, the investigation should be conducted through legal channels such as court investigation orders and lawyers obtaining the evidence with the orders, as well as property preservation. According to Article 1092 of the Civil Code, the transferring party may receive a smaller share or no share at all, and it is crucial to avoid obtaining ev...
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