Before filing a lawsuit, it is necessary to confirm all legal heirs, each person's share, the complete scope and value of the estate, including real estate, bank deposits, stocks, and other rights; it is also necessary to clarify the will, outstanding debts, and restrictions on division. Knowing only that "the parents left a house" is not enough to determine the litigation statement and distribution plan.<\/p>\n\n\n\n
Disagreeing with the agreement and being unable to divide the property according to law are two different things.Article 1164 of the Civil Code<\/a>Exceptions are reserved as otherwise provided by law or contract;Article 1165 of the Civil Code<\/a>The method of division specified in a valid will should be considered, while the effect of a will prohibiting division is limited to ten years. One cannot simply claim immediate and unrestricted division.<\/p>\n\n\n\n according toArticle 1151 of the Civil Code<\/a>Before the division of the estate, all heirs jointly owned the property. Some heirs cannot dispose of the entire estate or decide which property each person receives simply because there are many of them.<\/p>\n\n\n\n In estate division lawsuits, joint litigation is necessary, requiring the participation of all heirs. One or more heirs may file the lawsuit, while other heirs not jointly suing should be listed as defendants; suing only the one who refuses to sign does not exempt the other heirs.<\/p>\n\n\n\n Personnel should be verified based on household registration, deregistration, and renunciation of inheritance records, not just listed relatives with whom they have regular contact. Legal service of process must still be handled for those residing abroad or who cannot be contacted; if disputes involving claims, representation, or inheritance rights arise, these must be clarified first, or relevant requests must be added according to law. The division of an estate is generally pertaining to the entire estate, unlike the division of a single jointly owned property that has become separately owned.<\/p>\n\n\n\n It is not true that if only one heir lives in the house, they are automatically obligated to pay rent to everyone else.<\/strong>First, it should be confirmed whether there is a lease, loan, division of responsibilities or other valid use arrangement, whether other persons agree, and whether the locks have actually been changed, keys have been refused or rent has been collected, thus excluding the reasonable use by other heirs.<\/p>\n\n\n\n If someone obtains a benefit without a legal reason, and causes harm to others, they may be liable for legal consequences.Article 179 of the Civil Code<\/a>A request can be made to return the equivalent of the rent; however, evidence must be provided regarding the starting period, the area used, the objective rent value, and the continued existence of the right. Inheritance does not imply permanent exclusive ownership, nor should changing locks or moving items replace legal proceedings.<\/p>\n\n\n\n The object of the claim is just as important as the object of the payment. If the claim is jointly owned by all heirs, it must be handled in accordance with...Article 828 of the Civil Code<\/a>,Article 831 of the Civil Code<\/a>The specific nature of the request, confirmation of the party's eligibility, consent or authorization and whether there are any exceptions, and proper declarations to be given to all or lawful recipients.One cannot multiply the estimated rent by one's own share without making a judgment and then demand that it be paid directly to oneself.<\/strong><\/p>\n\n\n\n In practice, the occupancy period, existing consent records, and current status can be documented first, and then an assessment can be made regarding the return of usage rights, return of the property, removal of obstructions, or division of inheritance. The requirements for each claim differ, and the court will not automatically order another person to vacate or pay compensation simply because someone has made a division request.<\/p>\n\n\n\n First, determine whether the withdrawal occurred before or after the death.<\/strong>Medical and living expenses withdrawn and authorized by the deceased during their lifetime are considered valid gifts, and their legal effects differ from unauthorized misappropriation by others. It is essential to compare withdrawal slips, remittance recipients, authorization information, and actual expenditures; not all pre-death payments should be treated as advance distribution of property to other heirs.<\/p>\n\n\n\n If the money was legally gifted at the time of death, it cannot generally be considered an existing estate simply because other family members object; whether there are other...Deduct<\/a>Issues such as these must be determined according to legal requirements. If the deceased had no right to claim the funds during their lifetime, it may be necessary to ascertain whether the deceased left any claims for return or damages.<\/p>\n\n\n\n If funds are withdrawn after death, the withdrawal authority, method, consent of other heirs, and intended use of the funds should be investigated separately. If the funds are claimed to be used for funeral expenses, debt repayment, or estate expenses, receipts and transaction records should be provided; it is insufficient to simply state that "after-death arrangements were made," nor can it be assumed that the holder of the passbook and seal acquired full disposal rights.<\/p>\n\n\n\n The withdrawal of deposits does not mean they cannot be processed, but the balance of a non-existent account cannot be directly treated as cash still in the bank for distribution. It is necessary to confirm the remaining deposits, the return of claims, or other rights before deciding whether to include them in the division, add additional payment requests, or handle them separately. Criminal liability requires separate investigation of authorization, intent, and the elements of each crime; it cannot be automatically determined as embezzlement.<\/p>\n\n\n\n First, obtain the deceased's property, income, and estate tax information according to law, and then cross-compare it with real estate registration, bank balances and transaction details, securities holdings, company registration, and equity documents. The tax checklist is often just a starting point and does not directly answer the actual ownership of each piece of property.<\/p>\n\n\n\n For equity in non-listed companies, the shareholder register, capital contribution and transfer documents should be verified; all equity cannot be inferred solely from company registration information. Insurance policies require examination of the contract, beneficiaries, and the nature of the payment; gifts made during lifetime must also be distinguished between civil attribution and tax calculations.The assets listed by the IRS as taxable property are not necessarily the same as the civil estates that can be divided by the courts.<\/strong><\/p>\n\n\n\n Once you have specific information about a bank, transaction dates, or suspicious transfers, you can legally petition the court to investigate the evidence, explaining the facts to be proven, the scope of the information, and its necessity. The court does not conduct unlimited searches of all assets on behalf of the parties; nor may the parties steal account information, impersonate themselves, or illegally obtain their family members' financial information.<\/p>\n\n\n\n according toArticle 830 of the Civil Code<\/a>Applying the provisions on the division of jointly owned property, the court may, in accordance with...Article 824 of the Civil Code<\/a>The assessment may involve distributing the property according to its original value, granting some heirs a share of the property and compensating them with money, or selling the property and distributing the proceeds if distributing the original value is difficult. A combination of these methods is also possible. The key is overall fairness and feasibility; not every piece of property should be divided in the same proportion.<\/p>\n\n\n\n Hypothetical case:<\/strong>A father left behind two houses, savings, and stocks. His three children all want to acquire the same property. The court must first determine the estate and its division, then assess the property's value, condition, and ability to compensate. The distribution may involve a combination of houses, cash, and stocks; if the original distribution is truly difficult, a sale of the property may be considered. This is a hypothetical scenario and not a case handled by our firm.<\/p>\n\n\n\n A unilateral claim that "the entire house belongs to me" is not binding on the court; however, if all parties reach an agreement on the method of division,Article 73 of the Family Law<\/a>The regulations further stipulate that the court should, in principle, consider the agreement when making a judgment. When proposing a solution, the valuation and how the compensation will be paid should be explained, rather than simply expressing a preference.<\/p>\n\n\n\n Real estate acquired through inheritance, according toArticle 759 of the Civil Code<\/a>Registration is required before the right to dispose of property can be obtained. Inheritance registration and final division registration are different steps; if someone is uncooperative, the property can be legally assessed and registered as jointly owned, or the inheritance registration and division request can be handled in litigation. It cannot be assumed that the division can be completed by judgment without registration.<\/p>\n\n\n\n The declared land value, assessed building value, and market transaction value have different uses, and therefore it is inappropriate to directly use the estate tax declaration amount as the basis for the total compensation payable by another person for acquiring the property. Actual occupancy, leases, building condition, mortgages, and other encumbrances can all affect the valuation or feasibility of distribution.<\/p>\n\n\n\n First, list the valuation basis, dates, and discrepancies for each individual, then assess the valuation through professional appraisal or court appraisal. For listed stocks, check the market price at the appropriate point in time; for unlisted equity, analyze data such as balance sheets, financial statements, and operations. In high-value inheritance cases, omitting an equity or using different valuations may have a greater impact on the interests than the apparent distribution ratio; compensation should also be linked to a consistent valuation basis.<\/p>\n\n\n\n according toArticle 23 of the Family Law<\/a>In family law cases, except for those classified as Category D by law, mediation by the court should generally be conducted before a judgment is rendered. Directly requesting a judgment is generally considered a mediation application; however, statutory exceptions such as service by public notice or service abroad should be handled separately. If mediation fails, litigation should proceed according to procedure; simply sending a lawyer's letter does not complete court mediation.<\/p>\n\n\n\n Article 70 of the Family Law<\/a>It is specified that inheritance claims, such as those concerning the division of estates, may be under the jurisdiction of the court where the deceased resided at the time the inheritance commenced, or the court where the main estate is located; for those without a domicile in the country, their domestic residence is involved. The jurisdictional rules for the division of jointly owned real estate cannot be directly applied, nor is the plaintiff's domicile automatically chosen.<\/p>\n\n\n\n according toArticle 71 of the Family Law<\/a>The complaint should include a succession chart and an inventory of the estate; if there is a dispute over inheritance rights,Article 72 of the Family Law<\/a>The regulations stipulate that the court should inform the plaintiff that additional claims or counterclaims may be filed in the same lawsuit. Preparing personnel and property information in advance can reduce the need for repeated corrections due to omissions of parties or unclear scope.<\/p>\n\n\n\n First, organize the death certificate, household registration information of the deceased and heirs, inheritance system table, will, estate register, and real estate transcripts. Also, organize bank statements, stock and company share or capital contribution information, and valuation documents, numbering them according to property category and marking the parts currently known and those still under investigation.<\/p>\n\n\n\n For disputes concerning occupancy, cash withdrawals, or property transfers, retain agreements, conversations, notices, payment receipts, records of management and use, and relevant transaction evidence. It is recommended to create a "Time, Amount, Purpose, Evidence, Dispute" list to avoid simply presenting a description of family conflict without identifying the disputed property.<\/p>\n\n\n\n Documents you possess yourself can be prepared in advance; however, household registration, land administration, tax, and financial information must be obtained according to your eligibility. For necessary documents that cannot be obtained independently, please specify that your lawyer will apply for or petition the court to investigate in accordance with the law. This does not mean that appointing a lawyer grants them the right to arbitrarily access all of another person's private information.<\/p>\n\n\n\n Issues such as the determination of the estate's scope, unjust enrichment, damages, the validity of a will, and the deduction of reserved shares may affect the basis for division, but the claimants, defendants, and procedures may not be the same. It is necessary to assess whether a unified resolution can be handled in accordance with family law, relevance, consolidation of claims, and additional requirements; simply including all disputes in a single complaint does not guarantee that the court will rule on them all.<\/p>\n\n\n\n Criminal suits and family division proceedings are different. A lawsuit accusing someone of misappropriation does not automatically complete the distribution of the estate, and a division lawsuit does not directly establish a criminal offense. When a reserved portion is involved, issues such as applicable law, infringement, and remedies must be determined; the mere existence of a will cannot exclude other legally assertable rights.<\/p>\n\n\n\n Fidelity Law Firm can assist in verifying heirs and their rights, organizing the scope of the estate and the flow of funds, handling disputes over real estate, company shares, and bank deposits, and evaluating division plans, compensation, and agreements. Once proceedings begin, they can assist with family mediation, litigation representation, and requests for the return of property and the right to use assets.<\/p>\n\n\n\n When dealing with substantial or diverse assets, civil attribution and estate tax issues should be considered together, rather than relying solely on taxable lists. Please refer to our firm's guidelines.Inheritance and Family Property Dispute Services<\/a>andLawyer Li Yusheng introduced<\/a>If there are disputes involving back taxes, fines, or penalties, please inquire further.Tax disputes and administrative remedies<\/a>.<\/p>\n\n\n\n In principle, it is permissible. Disagreement with the agreement does not preclude a court from adjudicating the division of the estate, but it is still necessary to confirm all heirs, the scope of the estate, and whether there are any statutory or valid contractual restrictions on the division.<\/p>\n\n\n\n All heirs must participate appropriately in the litigation, but this does not mean they must appear in court in person every time. Whether an agent can be appointed and whether the heir must appear in person should be handled in accordance with the court's notice and the requirements of each case; those residing overseas cannot be exempted from this requirement.<\/p>\n\n\n\n Not necessarily. The source of the right to use, consent, and exclusion of use must be confirmed; if the right to claim belongs to joint ownership, the litigants and the recipient of payment must also be confirmed, and payment cannot be automatically awarded to an individual as a successor claim.<\/p>\n\n\n\n Not necessarily. The authority, withdrawal method, consent of other heirs, and actual purpose of the funds should be investigated; if the funds are used for funerals or debt repayment, supporting documentation is still required, and criminal liability will be determined according to the elements of each crime.<\/p>\n\n\n\n You may request an investigation based on specific and necessary evidence, specifying the location of the documents and the matters to be verified; however, this does not mean that the court will investigate all assets without limit, and you should still provide clues first.<\/p>\n\n\n\n A proposed plan for the sale and division of the property can be put forward, but whether it is adopted depends on the feasibility of the original distribution, the nature of the property, and the interests of all parties. It is not necessary for one party to request an auction.<\/p>\n\n\n\n When real estate is involved in disposal, inheritance registration must be processed. It is advisable to first assess and process joint ownership registration for all parties, or to handle related requests and corrections during litigation; the lack of registration should not be regarded as a permanent inability to claim division.<\/p>\n\n\n\n No. Tax payment addresses tax obligations, while division determines how property is distributed among heirs. A valid agreement or court ruling, along with necessary registration and transfer procedures, are still required.<\/p>\n\n\n https:\/\/youtu.be\/5310h1bb5OA?si=FEgxTNtxt-SrqCQJ Ministry of Justice to Delete "Reserved Share" in Sibling Inheritance | Mirror News Reporter Gong Pinrou News Link: https:\/\/youtu.be\/5310h1b\u2026<\/p>Read the full article \u2192<\/span><\/div><\/a>If only one heir objects, can the others divide the inheritance themselves?<\/h2>\n\n\n\n
If an inherited property is occupied by one heir, can others demand that they move out or pay rent?<\/h2>\n\n\n\n
If the deceased's savings are withdrawn by other heirs, can they still be included in the estate division?<\/h2>\n\n\n\n
What if an heir conceals an estate, and the company shares or bank deposits cannot be found?<\/h2>\n\n\n\n
In inheritance division lawsuits, how will the court allocate houses, land, and savings?<\/h2>\n\n\n\n
How to determine the value of a house and land? What if the heirs have different valuations?<\/h2>\n\n\n\n
Do inheritance division lawsuits require mediation first? Which court has jurisdiction?<\/h2>\n\n\n\n
What documents are required for an estate division lawsuit?<\/h2>\n\n\n\n
Can an estate division lawsuit be handled together with a dispute over misappropriation, return of estate, or reserved portion?<\/h2>\n\n\n\n
How can Fidelity Law Firm assist in estate division litigation?<\/h2>\n\n\n\n
Frequently Asked Questions (FAQ)<\/h2>\n\n\n\n
If one of the siblings refuses to share the inheritance, can the others file a lawsuit?<\/h3>\n\n\n\n
Do all heirs need to appear in court for an estate division lawsuit?<\/h3>\n\n\n\n
If an inherited house is occupied by one person, can the owner claim rent?<\/h3>\n\n\n\n
Is it always illegal for siblings to withdraw money from their parents' bank account after their parents have passed away?<\/h3>\n\n\n\n
If estate records are concealed, can the court investigate them?<\/h3>\n\n\n\n
Can you request the court to auction off and distribute the proceeds from an inherited house?<\/h3>\n\n\n\n
Do I need to register the inheritance of real estate before dividing the estate?<\/h3>\n\n\n\n
Does paying the estate tax mean the estate division is complete?<\/h3>\n\n\n\n
Further reading<\/h2>
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<\/div>The Ministry of Justice will remove provisions regarding the "reserved portion" in the inheritance of siblings' estates, as explained by lawyer Li Yusheng, concerning the validity of wills and reserved portions in civil law inheritance.<\/h3>
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