Woman’s Rectal Cancer Diagnosis Leads to Property Inheritance Battle: Legal Dispute Resolved by Court and Mediation

(Schematic diagram/pixabay)

A woman surnamed Xie from Jiangsu Province on the mainland was diagnosed with rectal cancer in 2021. During her illness, she lived at the home of her father and younger brother and was cared for by two people. The younger brother also advanced part of her medical expenses. During her illness, Xie’s daughter wrote a handwritten will, clearly stating that all her money and property would be inherited by her father. Her husband surnamed Zhang and her two daughters did not have the right to inherit. She also transferred a demolished house and garage under her name to her father before she passed away. Later it turned into a war over property.

“Xiaoxiang Morning News” reported that Xie had two daughters with her husband. She was diagnosed with rectal cancer in 2021. During her illness, she mainly lived at her father and brother’s house and was taken care of by them. Her brother also advanced part of her medical expenses. During her illness, Xie’s daughter wrote a will in hand, clearly stating that all her money and property would be inherited by her father, and that her husband and two daughters had no inheritance rights.

In April 2023, one month before her death, Xie’s daughter signed a house transfer contract with her father, transferring a demolition house and garage in her name to her father for a price of 100,000 yuan (approximately NT$440,000). Soon after, the property was registered in Xie’s father’s name. Unexpectedly, after Xie’s daughter passed away, her husband and daughter filed a lawsuit in court, believing that Xie’s previous house transfer had harmed their legitimate rights and interests.

The plaintiff believed that although the house was registered in the name of Xie’s daughter, the share of the demolition at that time included the younger daughter’s share. The back payment for the house was the joint property of the couple, and the transfer price of the house was unreasonable. It requested the court to cancel the transfer. . In order to completely resolve the conflict, the Xingren Court of Tongzhou Court conducted an in-depth investigation and analysis, and accurately grasped the funeral expenses, pensions and other properties in Xie’s name, laying the foundation for calculating the amount of inheritable inheritance and dividing it.

At the same time, the court invited the village committee and the Women’s Federation to participate in the mediation. The Women’s Federation provided psychological counseling to Xie’s two daughters, the village committee provided family and moral enlightenment to Xie’s father and son, and the court discussed the right of revocation, inheritance rights and shared property. Laws and regulations related to shares will be explained so that all parties can understand their rights and boundaries.

In addition, Hong Feng, the president of the Xingren Court, and Zhao Yonggang, the advising judge, also went to Xie’s home to listen to the ideas, needs and expectations of each family member, and to find feasible solutions to solve the problem and balance all parties. Through the efforts of all parties, the relationship between the Xie and Zhang families was eased and mediation was reached. The property involved in the case was transferred to their younger daughter, and the Zhang family paid the price difference of RMB 150,000 (approximately NT$660,000), and the dispute was substantially resolved.

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2024-01-17 14:08:46