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How does the legal heir adduce evidence

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How does the legal heir adduce evidence


        

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  • 2024-06-26 02:00:49

    1. Proof of death of the decedent.
    2. The scope and amount of the estate (the estate should include movable property and immovable property). In addition, it should indicate whether the decedent has an estate in other places, the claims and debts of the decedent before his life, and who will occupy, use, benefit and keep the estate after the beginning of succession.
    3. The real estate shall be scored and appraised, and the real estate and movable property that need appraisal and appraisal shall be provided with appraisal and appraisal report.
    4. The names, genders, ages, occupations and residences of all successors shall be provided without omission.
    5. The parties shall also provide the following evidence
    (1) Whether the successor and the decedent have formed a maintenance relationship (including the provision of money, material and labor services, closeness and estrangement, and whether the successor and the decedent live together).
    (2) If other heirs are deemed to have lost the right of inheritance, corresponding evidence shall be provided in the following circumstances: one of the heirs intentionally killed the decedent; Killing other heirs in order to compete for the inheritance; The circumstances of abandoning or maltreating a decedent are serious; Forging, altering or destroying a will.
    (3) If any successor waives the right of inheritance, the party concerned shall provide the time, reason and waiver statement; If the waiver has reneged, the time and reason for reneging shall be indicated.
    6. If it is necessary to entrust others to act as agents in litigation, a power of attorney shall be submitted.
    2、 Statutory succession and testament whose validity begins after the death of a senior citizen. If there is a will, it shall first be inherited according to the will. If there is a legacy or legacy maintenance agreement, it shall be handled according to the agreement. If there is no will or legacy or legacy maintenance agreement, it shall be handled according to statutory succession. The right to inheritance is equal between men and women. If, after the beginning of succession, the successor waives inheritance, he shall make a disclaimer before the disposition of the estate. If there is no indication, it shall be deemed as acceptance of inheritance. The right of inheritance and legacy of a person without capacity for conduct shall be exercised by his legal representative on his behalf. The right of inheritance and legacy of a person with limited capacity shall be exercised by his legal representative or with the consent of his legal representative. After the beginning of succession, a successor who knows that the decedent is dead shall promptly notify the other successors and the testamentary executor. If none of the heirs knows of the death of the decedent or cannot notify the decedent because he knows of the death, the unit to which the decedent belonged before his death or the neighborhood or village committee in the place of his residence shall be responsible for notifying the decedent.

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