Core Points - The article discusses recent court cases in Beijing and Shanghai where unclaimed inheritances were divided among relatives, with cash being distributed but real estate reverting to state ownership due to the absence of direct heirs [1][3][5] - The legal framework surrounding inheritance in China, particularly regarding the rights of distant relatives and the role of civil affairs departments in managing unclaimed estates, is highlighted [2][4][10] Group 1: Inheritance Cases - A woman in Beijing left over 1 million yuan and a property without heirs, leading to a court ruling that awarded the cash to relatives while the property was claimed by the state [1][3] - In a similar case in Shanghai, an elderly man’s estate of 4.3 million yuan and a property was partially distributed to a cousin, with the remaining assets reverting to state ownership [1][4] Group 2: Legal Framework - The Civil Code stipulates that if there are no heirs or bequests, the estate reverts to the state for public welfare purposes [5][9] - The role of civil affairs departments as estate managers is emphasized, with a need for clearer regulations on handling complex inheritance issues [7][10] Group 3: Inheritance Rights - Only first and second-order relatives are considered legal heirs under the Civil Code, which excludes distant relatives unless they can prove they provided care to the deceased [8][9] - The court's decision to award cash to relatives was based on their demonstrated support for the deceased, while the property was deemed too valuable to be divided among them [4][9] Group 4: Public Welfare and Estate Management - The article discusses the necessity for civil affairs departments to not only manage unclaimed estates but also ensure that the proceeds are used for public welfare [10][12] - There is a call for more detailed legal guidelines to assist civil affairs departments in managing estates, especially in cases involving debts or complex assets [7][10]
北京一女士去世无子女,亲戚分割100多万元,400余万元房产收归国有!律师解读
Mei Ri Jing Ji Xin Wen·2025-08-05 01:00