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无儿无女老人身后财产处理易引发纠纷,什么情况下遗产收归国有?
Bei Jing Wan Bao· 2025-08-04 07:44
Core Viewpoint - Recent court cases in Beijing and Shanghai highlight the complexities surrounding inheritance when individuals die without direct heirs, leading to significant amounts of unclaimed assets being transferred to the state [1][4]. Group 1: Inheritance Cases - Zhang, a woman who passed away, left over 1.1 million yuan and a property with no direct heirs, resulting in her cash being divided among relatives while the property was claimed by the state [2][4]. - In another case, an elderly man in Shanghai left 4.3 million yuan and a property, with the court awarding 1.3 million yuan to a distant relative and the rest going to the state [1][4]. Group 2: Legal Framework - The Civil Code stipulates that if there are no heirs or if all heirs renounce their rights, the estate will revert to the state for public welfare purposes [5][4]. - The law prioritizes direct relatives for inheritance, with distant relatives only receiving a share if they can prove they provided care to the deceased [7][6]. Group 3: Role of Government - The civil affairs department has taken on the role of estate manager in cases where there are no heirs, ensuring that unclaimed assets are used for public benefit [5][12]. - There are calls for clearer regulations and the establishment of a new profession, "estate manager," to address the complexities of managing unclaimed estates [13][12]. Group 4: Public Awareness and Planning - There is a noted lack of awareness among the elderly regarding the importance of wills, with only 60.07% of individuals aged 60-70 having established one [14]. - Experts suggest that proactive measures, such as community outreach and legal education, are necessary to encourage will-making and reduce future disputes over inheritance [14][12].