Since then, Yang Mouyi has stopped repayment, and the loan center has compensated the overdue loan interest for more than 70,000 yuan, and applied to the court to designate the District Civil Affairs Bureau as the estate manager. Recently, the court decided to support the application.
After seeing this news, netizens are not calm. Some said, "Uncle has no right of inheritance, so does the Civil Affairs Bureau have the right of inheritance?" "Anyway, my uncle is definitely more qualified than the Civil Affairs Bureau." In short, all kinds of wonderful remarks came out. Of course, there are also rational netizens who think that "my uncle didn't take care of my nephew, otherwise my nephew would have written my uncle's will".
So, what is the law about inheritance? Inheritance is divided into testamentary inheritance and statutory inheritance. If there is a will or legacy, it shall be handled in accordance with the will. If not, it will be handled according to legal inheritance! In this case, Yang obviously did not have a will (gift) document, otherwise there would be no controversial case. This case involves legal succession. According to Article 1 127 of the Civil Code, spouse, children and parents are in the first order, and brothers and sisters, grandparents and grandparents are in the second order. My uncle is not within the scope of legal heirs, and of course he has no right to inherit the property of his nephew without a will.
Then, what about the property without a legal heir? According to Article 1 160 of the Civil Code, the heritage belongs to the state and is used for public welfare. In this case, if there is no heir, an administrator can be appointed. According to Article 1 145 of the Civil Code, the civil affairs department or villagers' committee at the decedent's domicile shall be the administrator of the estate to handle the decedent's creditor's rights and debts according to law.
Specific to this case, after Yang's death, there was no legal heir, nor did he make a will to give it to others, and his legacy should be owned by the state. There is nothing wrong with the court appointing Fengtai District Civil Affairs Bureau as the administrator of the estate. As for the interest compensated by the loan center, the unpaid loan and the interest repaid by Uncle Yang, they are all debts of Yang, which should be paid from the estate, and the rest of the property should be turned over to the state treasury.
Many people think that the law doesn't care about human feelings. In fact, there are laws and the formulation of laws is scientific. Considering the inheritance of blood and in-laws, considering the moral richness of counties, many people just don't know how to use it. If Yang had a good relationship with his uncle and made a will in advance, it would not be a problem at all, and such a thing would not happen. It is better to plan everything in advance! Wealth inheritance needs to be planned and arranged in advance at any time!
In this regard, have you made arrangements for your financial management and inheritance?