2023年1月2日 星期一

 distribute heritage by several times.

distribute heritage by several times.

I used thinking that the process of inheritance is adding up the total heritage of the decedent, then distribute to the heirs fairly.
therefore, searching the heritage of the decedent is the primary task before distribute, and must find out entire heritage.
until I read some judgements.
until I receive a inheritance case, the mediation date is arranged  three times for the case.
the first time, the subject matter of inheritance is the land and house.
the second time, the subject matter is the money of the account of the decedent.
the third time, the some heirs find out another account of the decedent, they require distribute this again.
the brief of the case is, the five brothers and sisters, their mother died, she is the decedent. fathers passed away before that. their fathers are different.
the oldest brother live with their mother long time ago, till this moment.
when their mother died, the land and the house of their mother shifted to the oldest brother.
until other sibling receive the notice of heritage tax, then they know the shift of the real estate.
other sibling think they pay mother living expenses regular, although they was not live with their mother, but their liability is accomplish.
they think the oldest brother obtained the whole of the real estate is the improper matter.
the first mediation, their settlement is the oldest brother give other sibling certain number of money, the real estate attribute to the oldest brother.
the land and house, the oldest brother was living in it.
the dozen weeks later, other sibling receive the notice of heritage tax again, the heritage tax of the accounts of the banks.
thence they require arrange mediation again, distribute the accounts again.
the first mediation had submitted to the court of the local, and the court approved it, sent back to my office, I served on the participants.
I believe the cases has finished already.
can I arrange mediation again I suspect, but I arranged again and written down the clause, and submit to the court of local again.
make clear here, I already know the heritage that of apart has been found could be distributed first, afterward if find other heritage, take the others as subject matter to be distributed again.
but the clause of mediation settlement include the "give up remaining right of claim", like other private civil settlements, can they require to distribute again?
answer is yes. the second mediation submitted to the court, and the court also approved it.
hence the third mediation, they found other heritage again, I pay attention to which bank of the accounts and text detail, written down the clause, submitted to the court, as expected , the court approve it again.

沒有留言:

張貼留言