“Why can’t I inherit my nephew’s house?”

In Fengtai, Beijing, a 36-year-old man named Yang bought a limited-price house with a loan of 800,000 yuan. He never expected that He died suddenly more than a year later. This Yang, his parents are dead, he is unmarried and has no children. The only relative in the world is his uncle. After Yang's death, his uncle repaid part of the loan, approached the loan center, proposed that he was the sole heir, and requested that the house be transferred to his name. However, it was rejected.

After that, Uncle Yang stopped repaying the loan. The loan center repaid the overdue loan interest of more than 70,000 yuan and applied to the court to designate the District Civil Affairs Bureau as the estate administrator. Recently, the court ruled in favor of the application.

Netizens were not calm after seeing this news. Some said, "My uncle doesn't have the right to inherit. Does the Civil Affairs Bureau have the right to inherit?" "Anyway, my uncle must be more qualified than the Civil Affairs Bureau." In short, all kinds of weird remarks came out. Of course, there are also sensible netizens who think, "My uncle didn't take care of his nephew, otherwise my nephew would have written a will to his uncle." So, what does the law provide about inheritance?

Inheritance is divided into testamentary (donation) inheritance and statutory inheritance. If there is a will or legacy, it shall be handled in accordance with the last will and testament. If not, it will be handled according to legal inheritance! In this case, Yang obviously did not have a will (donation) document, otherwise there would be no controversial case. This case involves legal inheritance. According to Article 1127 of the Civil Code, spouses, children, and parents are the first-in-line heirs, and brothers, sisters, grandparents, and maternal grandparents are the second-in-line heirs. The uncle is not within the scope of the legal heir, and of course he has no right to inherit the nephew's property without a will.

So, what should we do with property that has no legal heir? According to Article 1160 of the Civil Code, inheritance belongs to the state and can be used for public welfare. In this situation where there are no heirs, an administrator can be appointed. According to Article 1145 of the Civil Code, the civil affairs department or village committee of the deceased’s residence shall serve as the estate administrator and handle the debts and claims of the deceased in accordance with the law.

Specifically in this case, Yang had no legal heir after his death, and he did not make a will to give to others, so his estate should belong to the state. The court appointed the Fengtai District Civil Affairs Bureau as the estate administrator, which was not inappropriate. As for the interest repaid by the loan center, the unpaid loan and the interest repaid by Yang's uncle, they are all Yang's debts and should be repaid from the inheritance, and the remaining property should be turned over to the state treasury.

Many people think that the law is impersonal. In fact, the law is there, and the formulation of the law is also scientific. It takes into account the inheritance of blood and in-laws, and also takes into account the morality of Feng County, but many people do not know how to apply it. That’s all. If Yang had a good relationship with his uncle and made a will in advance, it would not be a problem at all, and this kind of thing would not happen. It’s better to plan for a rainy day! Wealth inheritance requires planning and arrangements in advance at all times!

Have you made arrangements for your wealth management and inheritance?