Inheritance risk
Divine Protector,
Who will have a share in the property you have struggled for all your life? Not only your children have a share, your spouse also has a share, your parents also have a share, your father-in-law and mother-in-law also have a share, let's look at the Hangzhou only child Xiaoli case, why can she only get 7/8 of the property?
The video number
Something you don't know?
Many people think that after the 70s, 80s and 90s who are only children, if one day their parents are gone, then the property under their parents' names will definitely be their own. Actually?
Is such a simple question still need to be discussed? I am the only child of my parents, and all the property after my parents' death is of course inherited by me!
However, let's take a look at the following case of the recent burst of the circle of friends:
Xiaoli is an only daughter, her father died 10 years ago, and her mother just passed away this year. Before his death, his parents left a 127-square-meter house in Hangzhou, worth about 3 million yuan.
The property was originally registered in the father's name. When her father died, Xiaoli had not yet started a family, so she did not go through the formalities. Now that her mother has died, Xiaoli has become a family, and her daughter is two years old and will be in kindergarten in another year. Because the house left by her parents was a school district house, Xiaoli wanted to transfer the house to her own name and then move her hukou in.
Problem encountered
The Housing Authority refused to do so
Xiaoli went to the Housing Authority with the real estate certificate and the death certificate of her parents and asked for the transfer. The Housing Authority said that these things alone could not handle the transfer procedures for Xiaoli. Xiaoli either provided the notarial certificate of inheritance issued by the notary office, or took the court's judgment, and they did it. Xiao Li had no way, who wanted to fight a lawsuit without problems, she immediately went to the notary office.
The notary office is having trouble
"The person at the notary office said to let me find all my parents' relatives and take them to the notary office to give me the office card. But my parents' relatives are all over the country, some of them have gone abroad, where do I go to find them? "Xiaoli is about to cry.
This is a very typical case - there is no dog blood plot, no complicated disputes, but Xiaoli, as an only child, cannot successfully obtain the property left by her parents after the death of her parents.
Why?
Why? Hear what lawyers have to say!
Lawyer: Xiaoli, are you an only child?
Xiaoli: Yes, my parents have one of my daughters. (Nuclear family relationships are simple)
Lawyer: What year did your parents get married?
Xiaoli: It seems to be 1983.
Lawyer: When was the house bought?
Xiaoli: 2003.
Lawyer: When is the property registration time?
Xiaoli: November 2004.
Lawyer: In whose name is the property registered?
Xiaoli: My father is alone.
Lawyer: When did your dad die?
Xiao li: I passed away ten years ago, it should be the end of 2006.
Lawyer: Did your father and your mother leave a will when they died?
Xiaoli: My father didn't, my mother told me verbally before she died, after she left, this house belongs to me. (Saying that there is no basis for it, it is equal to nothing)
Lawyer: When your father died, were your grandparents still alive? (This question is the key, if you have passed away, things are much easier to do)
Xiaoli: My grandfather died when my father died, my grandmother was still alive, and my grandmother passed away less than a year after my father passed away.
Lawyer: How many siblings does your dad have?
Xiaoli: My dad has four siblings. (Four brothers and sisters of our parents' generation are not many!) ）
Lawyer: Then tell me about the family situation of your father's siblings, including their absence, marriage, and children's situation.
Xiaoli: My father is the third oldest in the family, my uncle died when my father died, and my eldest mother is still there. The eldest uncle has three children, two in Shanghai and one abroad. The second uncle is still there, but divorced five years ago. The second uncle and the second wife have two children, one in Hangzhou and one in Beijing. My little aunt and uncle are in Heilongjiang and have a daughter. After my father and grandparents passed away, they didn't move around much, and I don't know much about the specific situation of my aunt's and uncle's house.
That's right!!
The house was divided into pieces, and the legendary seven aunts and eight aunts also came to divide the house! Why is that?
Lawyer: Your mom didn't start a family after your dad passed away, right?
Xiaoli: No, no, my mother has always been with me.
Lawyer: When your mother died, were your grandparents still alive?
Xiaoli: They all passed away.
Lawyer: This house must be inherited by you alone, unless other people with inheritance rights go to the notary office or the court to expressly give up.
Let's see who has a share?
1) This house is the marital common property of your parents, your father died, 1/2 of this property belongs to your mother, 1/2 belongs to your father's inheritance.
2) When your father died, there were three heirs: your mother, you, and your grandmother. If there are no special cases, then the three people are divided equally by 1/2. So your mother gets 1/6 on top of the original 1/2, a total of 2/3, you get 1/6, and your grandmother gets 1/6.
3. After your grandmother's death, 1/6 of the one that belonged to your grandmother should have been inherited by your father's four brothers and sisters, one person 1/24, but at this time, your uncle and your father died before your grandmother. According to the law, it is inherited by the direct blood relatives of your uncle and your father's descendants, that is, 1/24 of your uncle is inherited by 1/72 of your uncle's three children, and 1/24 of your father is inherited by you. Add the previous 1/6 and you now have 5/24.
4. 1/24 of your second uncle, according to the provisions of the law, the inheritance inherited in marriage is the joint property of the husband and wife unless the will designates it as an individual. Theoretically, after your second uncle is divorced, this 1/24 should be divided into two halves, your second uncle 1/48, and your second mother 1/48.
5, your little aunt and uncle are not divorced, so they have 1/24 together.
6. Now that your mother has passed away, your mother has only one heir, so all of your mother's property is inherited by you. So your final inheritance share of the property is 5/24 + 2/3 = 7/8.
This is just to calculate the theoretical inheritance share of real estate for Xiaoli, and how to allocate this house is more complicated. The lawyer believes that all this, if Xiaoli's parents made a will before they died, they would not be so troublesome.
Flowers through the window – the legendary inheritance tax
In 2014, the Mainland's "Overall Plan for Deepening the Reform of the Fiscal and Taxation System" focused on six major taxes, including value-added tax, consumption tax, resource tax, environmental protection tax, real estate tax and personal income tax. According to the schedule, the key tasks and tasks of deepening the reform of the fiscal and taxation system will be basically completed in 2016, and the reforms will be basically in place in 2020, and the modern fiscal system will be basically established. Inheritance tax is not covered in the Scheme, but the concerns of high-net-worth clients about inheritance tax have increased.
The inheritance tax was written into the draft documents of the Third Plenum at the 15th and 16th National Congresses, but due to the lack of detailed content such as the scope of systematic collection and tax rate, it eventually ended without any problems.
At the 2004 National People's Congress, 39 NPC deputies jointly submitted a bill proposing legislation to levy an inheritance tax.
In September 2004, the Ministry of Finance promulgated the Interim Regulations of the People's Republic of China on Inheritance Tax (Draft), which was also amended in 2010.
In February 2013, the State Council approved and forwarded the Several Opinions on Deepening the Reform of the Income Distribution System to the National Development and Reform Commission, which for the first time proposed to "study the issue of introducing inheritance tax in an appropriate period".
There are different views from all walks of life on when the inheritance tax will be levied, and there is news that the supporting policies need to be improved and still need decades to brew, but through communication with a number of well-known tax consulting companies and law firms, we believe that the introduction within 5-10 years will be a high probability event.
The impact of inheritance taxes on high-net-worth families
The total amount of inheritance is reduced, the tax rate is also reduced, 10 million, 3.25 million, from a business point of view, the input cost is lower. The yield is higher. Pay attention to tax compliance, make up for tax flaws, optimize the type of inheritance, and lay out tax-free assets
Marital risk
In Mr. Zhang's case, you can distinguish which are the joint property of the husband and wife and which are the personal property of one of the spouses
A is personal property: [Article 7 of the Interpretation III of the Marriage Law]
Where the property rights of a real estate purchased for the child by one parent after marriage are registered in the name of the child of the contributor, it may be regarded as a gift to only one of the children of the spouse in accordance with the provisions of Article 18 (3) of the Marriage Law, and the real estate shall be recognized as the personal property of one of the spouses.
Where the property rights of immovable property purchased at the expense of both parents are registered in the name of one of the children of one of the parties, the immovable property may be deemed to be jointly owned by the two parties in accordance with the share of the respective parents' capital contribution, unless otherwise agreed by the parties.
B is personal property [Article 5 of the Interpretation III of the Marriage Law]
The income generated by the spouses' personal property after marriage, in addition to fruits and natural appreciation, shall be recognized as the joint property of the husband and wife.
The birth of livestock is personal property
CDs are joint property of husband and wife: Article 1062 of the Civil Code
The following property acquired by the husband and wife during the existence of the marital relationship shall be the common property of the husband and wife and shall be jointly owned by the husband and wife:
1. Wages, bonuses and labor remuneration;
2. Income from production, operation and investment;
3. The benefits of intellectual property rights;
E belongs to the joint property of husband and wife: Article 1062 of the Civil Code
4. Inherited or donated property
Because there is no will, the inherited property is the joint property of the spouses.
Inheritance risk
Planning your wealth through life insurance in the heyday of life is a kind of wisdom, a realm,
It's more of a strategy.
Remarks: After an insured accident, the insurance company pays the money of the insurance premium to the beneficiary, and no one can prevent or hinder it, and this part of the funds cannot be used to pay off the insured's debts and will not be subject to personal income tax.
Insurance + Trust = Premium Trust
Incorrect use of tools
Prenuptial property agreements
Gifted in advance
Asset holding
First, the misuse of tools - prenuptial property agreements
The rich generation of Lao Wang trained his son Xiao Wang to be the successor, Xiao Wang grew up well, Lao Wang was very happy, Xiao Wang grew up talking about marriage and Xiao Li had feelings, two people wanted to get married, Lao Wang heard that his son was going to get married, what was the first thing Lao Wang thought of? In case the son divorces, the daughter-in-law will have to divide up her own family property, which is lao wang's need to protect his wealth, what should lao wang do if he consults a lawyer? The lawyer suggested that Lao Wang sign a prenuptial agreement, Xiao Wang could not withstand the pressure of Lao Wang, and Xiao Li proposed it, everyone, is Xiao Li happy? Xiao Li was forced to sign a wedding agreement, and the prenuptial agreement stipulated: In any case, if the husband and wife divorce, then the property under Xiao Wang's name will belong to Xiao Wang, Xiao Li's property will belong to Xiao Li, and the property that Xiao Wang gets after marriage is all personal property! Time passed quickly, 2 years later, Xiao Li gave birth to Xiao Xiao Wang, Lao Wang was very happy with his careful arrangements, but a hundred dense, (behind every wealth protection there is a risk of wealth inheritance)
If Xiao Wang has misfortune, the property under Xiao Wang's name includes what he earns, and what he gives to Xiao Wang one after another will become an inheritance, and will xiao Li have the right to inherit these inheritances? Yes, does the little king have the right to inherit? Yes, does the old king have the right to inherit? Yes, so Xiao Xiao Wang's property will become 3 parts, and Xiao Li controls how many? 2 parts, 2/3 is controlled by Xiao Li, will Xiao Li still stay in the Wang family? She is still very young and has the power to seek new happiness the most.
And there is a greater risk, after the death of Lao Wang, Xiao Li receives Lao Wang's inheritance, Xiao Li may have married Lao Zhang, Xiao Xiao Wang has changed his name to Xiao Xiao Zhang, Lao Wang's family wealth surname Zhang, a colander has 10 empty, you block 9 of them, or is it not leaky?
(Wealth protection and wealth inheritance is two sides of the coin, less than one side is not OK, there is still a loophole in the prevention of risk, for the customer's property to be protected and inherited synchronously, when a customer comes to you to consult the marriage problem, you should clearly recognize that this is not only a marriage problem, there must be a inheritance problem behind it, the protection that cannot be inherited is false protection, and the inheritance that cannot be protected is false inheritance)
Second, the wrong use of tools - give in advance
Cash assets are passed on with insurance, equity and house gifts in advance, what is the problem here?
There is no problem with the inheritance of cash assets with insurance, there is a problem with the early gift of equity and house, and 1 kind of risk has disappeared on the surface, but 5 new risks have been added:
Ms. Zhou and her husband in Beijing divorced very early, the daughter was sentenced to her, she took her daughter to live, pulled the daughter up, the daughter and the son-in-law married, after marriage, the property was donated to the daughter, Ms. Zhou was afraid of problems, consulted the first lawyer, the lawyer said to: sign the agreement; consulted the second lawyer said to notarize, and then heard the third lawyer said: Notarization is not safe, if the daughter behind your back to add the son-in-law's name, then it will be trouble, so what to do? You keep 1% and your daughter holds 99%, so your daughter can't make a claim to add her son-in-law's name. But unexpectedly, the daughter and son-in-law really started a lawsuit, there was a quarrel one night, an accidental death occurred when they went out in a fit of anger, how to distribute 99% of the daughter's property, and how many people had a share? 3 people have a share, who are they? 1, Ms. Zhou 2, ex-husband 3, son-in-law have a share, Ms. Zhou's property is divided into 2/3 to the two people she hates the most, do you please? She couldn't close her eyes when she was dead.
I wanted to avoid inheritance taxes and inheritance difficulties by giving in advance, but giving in advance only transferred the risk of your birth to your daughter. Please ask whether wealth is risky in you or is it risky in you, the child's thinking is more immature, and once the child's risk occurs, her wealth loss is more difficult to control.
5 risks are given in advance
In the coming decades, children will not obey
Selling a house to squander, parents can't stop it
The wind blows in the ears, and the property is given to outsiders
Households that lived before marriage, and property mixed after marriage
Sons and daughters leave early, and outsiders can inherit
Third, the wrong use of tools - asset holding
Customers know the problem of asset holding, but why do they have to find someone to hold assets on their behalf, they have evaded taxes, and they also feel that they have too many assets, and they are a big move, perhaps because of various purchase restrictions.
Top 5 Risks:
1, the agent does not listen to your words, some people say that I signed the holding agreement, signed the proxy agreement you can only let him compensate, you can not let him listen to you, he is not listening to you, you have no rut.
2. If the holder is in debt, will the property you give be seized by the court, and if the agreement is signed, it will also be seized. You can't stop the surrogate holder from divorcing his wife and taking away the property.
3. If there is an accident on behalf of the person, it will be divided as an inheritance
Even if you end up giving it to you, you don't dare to ask for it, because there is no return of property in the world, either give it to you or trade it to you, you have to pay taxes; you have to pay the other party's income tax and your transaction tax, there is a risk of double taxation.
4. His marriage will be divorced, and your wealth will be divided
5, even if you want to return it, you still dare not pick it up
4. Correct use of legal tools
Only by using legal tools and making arrangements in advance can you really solve your problem, which is a common practice all over the world.
What are the legal tools, there are many legal tools, including: wills, insurance, family trusts, offshore trusts, family funds, legal entrustments, identity arrangements, charitable foundations, etc., more than 10 kinds of legal tools, you don't need to remember so much, you just need to remember the 4 major tools on the line, they are: wills, insurance, family trusts, legal entrustment.
There is no tool in the world that can eat all, because all kinds of tools have their strengths and weaknesses, and if one tool can eat all, other tools will disappear long ago. Establish the right concept, do not think that insurance is a tool to eat all, insurance for the inheritance of cash, it is the best tool, insurance can not solve all problems, but its depth and breadth in solving the problem of cash is incomparable to other legal tools!
If these tools work legally, what is the rationale for this? What causes the risk of inheritance? It is due to legal succession. Because of the legal inheritance, the parents are assigned more than the only child. Because of the existence of legal inheritance, Ms. Zhou's money ran to her ex-husband, and Ms. Ma's money ran to her son-in-law, making all kinds of risks exist. So, legal tools work precisely because they can rule out legal succession! Can a will exclude legal succession? OK. There is a will to inherit according to the will, and there is no will to inherit according to the law. Can insurance exclude legal succession? Yes, because the insurance designates the beneficiary as not as an inheritance. Can a family trust exclude legal succession? OK. The family trust designates the beneficiary, and the property is uneasy about the legal inheritance.
"Family Wealth Protection and Inheritance"
1, the biggest risk is not to see the risk;
2, many people want to make wealth a blessing to their families, but often become their shackles;
3) The best thing to do is to control and benefit from wealth, not to own them.
Welcome to pay attention to the official account:
Risk isolation and wealth preservation inheritance
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