Children appear inheritance dispute, how can fair and just solution and maintain family harmony?
A, B have A, B, C, D four children, which was adopted by others, four people on the inheritance of parents do not want to give up interests and do not want to hurt the harmony.Sun Jianmei, Pan Dandan lawyers believe that although Ding does not enjoy the right of inheritance, with the help of the court to deal with the inheritance of fairness and justice at the same time, through the attention to fraternization of C, taking into account the family consultation solution.After mediation by the court, all parties expressed satisfaction and reached an agreement.It not only adheres to legal principles, but also is good at finding the combination of law, reason and emotion between the parties, effectively facilitating the harmonious settlement of inheritance disputes, which fully embodies the skilled case-handling skills and excellent professional taste of practicing lawyers.A and B have four children: A, B, C and D.On C, C, CCCC, Ding was adopted by A’s younger brother C. Then, Ding transferred his household registration to the home of C and His wife as C’s son and lived with them.Since China had not established a complete legal system for adoption at that time, C and his wife did not go through the legal procedures for adoption.Ding also visited A and B from time to time.After A died of old age, B was also in poor health.A, B and C take care of B’s life by taking turns to take care of B for one month.B’s monthly retirement salary will be paid by B every month and distributed among A, C and B in turn.Later, due to health reasons, A and B are unable to take care of B, so C and D negotiate to send B to a nursing home, and the cost shall be paid out of B’s retirement salary.After C tells a and B this idea, a and B do not express their opposition clearly.Therefore, C took B’s real estate ownership certificate, land certificate, retirement salary bank card and bank deposit certificate and sent B to the nursing home.On the day of the month of the year, B died.B’s funeral matters shall be handled by C and D, and expenses shall be handled by C.After B’s funeral, A, B, C and D came up with two opinions on the inheritance of A and B. The first opinion held that A and B were mainly taken care of by A, B and C before their death, and D had been adopted, so D should not inherit the inheritance of A and B.The second opinion holds that Ding has also done the corresponding maintenance and care responsibility for A and B, and ding can inherit the inheritance of A and B together with A, B and C.However, a, B, C and D, all out of their own considerations, none of them are willing to face the other side to clarify their position.Therefore, Party A and Party B entrust our lawyer to help them deal with the inheritance of A and B’s estate according to law.In our opinion, the inheritance of A and B between A, B, C and D is actually the following two problems: ① Whether D has the right to inherit the inheritance of A and B: The first opinion is that:Although when Ding was adopted by C and His wife, C and his wife did not go through the legal procedures of adopting Ding due to the imperfect adoption legal system of China, the legal relationship of adoption between C and Ding was still established according to law.Therefore, from the date of establishment of the adoptive relationship, the parent-child relationship between D and his biological parents A and B ceases to exist.To understand this case from this Angle, Ding does not have the right to inherit the inheritance of A and B.The second opinion is that although Ding does not have the right to inherit the inheritance of A and B, ding also has the corresponding responsibility to support and take care of A and B, so Ding should be able to inherit the inheritance of A and B together with A, B and C.② The interesting situation is that, for the sake of their own consideration, none of a, B, C and D are willing to explicitly reduce their share of interests, and none of them are willing to directly express their position of exclusivity.As a result, the two viewpoints mentioned above do exist among A, B, C and D, but a, B, C and D are not willing to cut their own interests, and at the same time, neither of them want to offend others and show their attitude to the delicate situation.Therefore, Party A and PARTY B entrust our lawyer to help them deal with the inheritance of A and B’s estate according to law, which can not be ignored. In essence, Party A, PARTY B, Party C and Party D hope to solve the problem and not hurt the harmony between them.Therefore, in dealing with this case, we should attach great importance to the salient features of this case that distinguish it from other cases.The correct orientation of our work should be not to turn the delicate harmony between A, B, C and D into pure confrontation between A, B, C and D, so as to find the best solution to deal with the case.According to this, the specific contractor of the case sun Jianmei lawyer and Pan Dandan lawyer, first of all, is such a good grasp of the appropriate handling of relevant issues.1. Adhere to the basic legal principle that “the adoption legal relationship between C and D is established according to law, therefore, from the date of establishment of the adoption relationship, the parent-child relationship between D and the birth parents A and B is eliminated, and D is not the legal heir of A and B”.2. It is necessary to clarify such A relationship, that is, after the adoption legal relationship between C and D is established according to law, the parent-child relationship between D and A and B is eliminated and transformed into the relationship between uncle and nephew.Therefore, there is A clear legal difference between ding’s corresponding support and care for A and B and children’s performance of support obligations to their parents.However, we should also admit the fact that Ding has supported and taken care of A and B accordingly.3, although we are according to the authorization of party a and b two people of c as the defendant in accordance with the law, as a third person, to the court, however, in order to insist on the basic principles of law, and balancing the specific circumstances of the case, we are in terms of the content and wording of litigation-related documents, should be fully embody the “civil disputes through the courts, is fair and effective way to deal with problems,Rather than a spirit of pure confrontation between the parties.On this issue, we should not only convey the message to our party, but more importantly to the other party that “it is an effective way for family members to solve inheritance problems fairly and impartially, and maintain family harmony skillfully”.4. We must ensure that our work can maintain the basic harmony that can be maintained between the parties involved in the case at present, and comply with the changeable interpersonal and emotional relationship between the parties involved in the future, so as not to cause the basic harmony that can be maintained between the parties involved in the case to evolve into a complete opposition.Later, in the case of the course of legal proceedings, the case indeed as expected such as Sun Jianmei lawyers and dan-dan pan law expected complex and changeable, (1) a death due to illness, the heir apparent to the case of litigation activity, lifted a lifetime of Sun Jianmei lawyers and dan-dan pan lawyers entrusted, of their other relatives as his agents AD litem.② The parties involved found that C withdrew B’s DEPOSIT in the bank of NN million yuan after withdrawing B’s deposit certificate.C also acknowledged this.At the same time, C also claimed that after deducting B’s funeral expenses, the deposit of NN million yuan remained about LL million yuan.These changes in procedures and entities involved in the case have also changed the attitudes of the parties involved along with their own interests.However, between the parties involved in the case, neither of them is willing to give up their own interests and neither of them is willing to tear up their family ties.In this way, law, reason, sentiment and interests are more complicated to reflect the case.How can we not only take into account the basic harmony that can be maintained between the parties involved in the case at present, but also deal with the inheritance of A and B in detail? After carefully analyzing the personality of the parties involved, Sun Jianmei and Pan Dandan found that the parties involved are all sensible people who value their dignity very much.Therefore, Lawyer Sun Jianmei and lawyer Pan Dandan believe that if we can make full use of the fact that “C admitted to take the deposit of B”, it is likely that c will take the lead in putting forward A feasible solution to the problem of family affection and reasonable settlement of the inheritance of A and B through C.For this, Sun Jianmei lawyer and Pandandan lawyer took the initiative to communicate with c.Through communication, C said that “he values brotherly friendship very much, so A and B must share some of their inheritance with DING”.At the same time, c also said that the problem was solved, because A (now A legal heir), B, C between the family relationship was relatively harmonious, so, we can completely negotiate to deal with A, B two people’s legacy.Sun Jianmei and Pan Dandan lawyers keen to feel that c’s attitude is likely to become a harmonious case to be dealt with.Lawyers Sun Jianmei and Pan Dandan informed B of C’s opinion, and passed on the message to A’s legal heir and Ding through the presiding judge of the case.Thus, the gratifying result appeared: the legal heirs of B and A, as well as D’s views, are completely consistent with C’s views.More importantly, the unanimous views of the legal heirs of B, C and A and D are also highly consistent with the trial judge’s ideas on how to deal with the case in detail.Through mediation under the auspices of the court, the legal heirs of B, C and A and Ding reached A mediation agreement on how to deal with the estate of A and B. Under the condition that all parties were satisfied with the mediation result, the case was settled harmoniously and satisfactorily.