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Will mother's dishonesty enforce children's property

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Will mother's dishonesty enforce children's property


        

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  • 2024-06-17 15:00:00

    Whether the mother's dishonesty enforces the children's property, and analyze the specific situation. According to Article 1161 of the Civil Code, the successor shall pay off the taxes and debts that the decedent should pay according to law, within the limit of the actual value of the inheritance. This restriction does not apply to the part exceeding the actual value of the estate that the heir voluntarily repays.

    If a successor waives inheritance, he may not be responsible for paying the taxes and debts that the decedent should pay according to law.

    The execution of the legacy shall not hinder the payment of the taxes and debts that the legator should pay according to law. Where there is both statutory succession and testamentary succession or bequest, the legal successor shall pay off the taxes and debts payable by the decedent according to law; The portion exceeding the actual value of the statutory inheritance shall be paid off by the testamentary successor and legatee in proportion to the amount of the acquired estate.

    First, if parents are in debt, they give their own property to their children or sell it to their children at a low price, and transfer the ownership to adult children. The creditor may apply to the court to cancel the gift contract or the sales contract. Therefore, in this case, the court can execute the house under the name of adult children.

    Second, if the house under the children's name is legally purchased by themselves. Or those obtained in good faith have nothing to do with their parents' property. Parents are in debt and have no relationship with adult children. Therefore, the court will not execute the house under the name of adult children.

    Legal basis

    Article 1161 of the Civil Code of the People's Republic of China [Principle of paying taxes and debts of the decedent] The successor shall pay the taxes and debts that the decedent should pay according to law to the extent of the actual value of the acquired estate. This restriction does not apply to the part exceeding the actual value of the estate that the heir voluntarily repays.
    If a successor waives inheritance, he may not be responsible for paying the taxes and debts that the decedent should pay according to law.

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