This afternoon, the case of the designated estate administrator of "Ms. Deng, 53, Xuhui", which has attracted much public attention, was held in the Huajing Town Circuit Court.
The Xuhui District People's Court made a verdict in court: appointing the Xuhui District Civil Affairs Bureau as the estate administrator.
Currently, the Huajing Town Impression Xuhui Neighborhood Committee, as the designated guardian, is implementing Ms. Deng’s funeral arrangements.
court hearing scene
Previously, 53-year-old Ms. Deng collapsed in a rental house due to a cerebral infarction. Since she had no close relatives, temporary custody became a big problem.
Under this circumstance, Xuhui District issued the first notarized certificate of temporary guardianship and issued an "identity card" of the temporary guardian to the neighborhood committee of the place of residence as Ms. Deng's temporary guardian, opening up a life path to support her.
Just seven days later, the Xuhui District People's Court issued a judgment and designated the neighborhood committee as the guardian.
rescue scene
Unfortunately, in the early morning of March 19, Ms. Deng's vital signs suddenly became unstable, and she was declared clinically dead after rescue efforts failed.
A single person died unexpectedly and left an inheritance of about 6 million. Ms. Deng's incident became a hot topic after being reported.
How should this huge inheritance be handled in the future?
On March 24, the Huajing Town Impression Xuhui Neighborhood Committee, as the designated guardian, applied to the Xuhui Court to designate the Xuhui District Civil Affairs Bureau as the estate administrator.
Xuhui Court accepted the case and filed it on the same day.
Thanks to the complete investigation report on Ms. Deng’s close relatives issued by the Xuhui Notary Office, the Xuhui Court was able to avoid repeated investigations and quickly found out that Ms. Deng had no legal heir.
On this basis, the Xuhui Court shortened the trial period and held a hearing on the case 7 days after the case was filed.
"Request the People's Court to designate the Shanghai Xuhui District Civil Affairs Bureau as the administrator of Deng **'s estate."
In court, the applicant read out the lawsuit.
The Civil Affairs Bureau issued an opinion stating that it is up to the court to determine whether Deng ** has a legal heir and a will in accordance with the law.
During the evidentiary stage, the neighborhood committee issued Ms. Deng’s death certificate, designated guardian’s judgment, and notarized investigation report and other materials to prove the fact that Ms. Deng was dead and had no legal heir.
After hearing the case, the court held that after the inheritance begins, the executor shall be the estate administrator; if there is no executor, the heirs shall promptly elect an estate administrator; if no heir is elected, the heirs shall jointly serve as the estate administrator; if there is no heir or the heirs have all given up the inheritance, the civil affairs department or the village committee of the deceased's residence shall serve as the estate administrator. If there is a dispute over the determination of the estate administrator, the interested party may apply to the People's Court for the appointment of an estate administrator.
According to the evidence in the case, Ms. Deng had no legal heir when she died. As Ms. Deng’s guardian, the applicant has the right to file an application to designate an estate administrator in this case. Since Ms. Deng’s registered residence and usual place of residence during her lifetime were both located in Xuhui District, Shanghai, the applicant’s application to appoint the respondent as the administrator of Ms. Deng’s estate is reasonable and well-founded and should be supported.
Sentencing screen
After the trial, Qi Yinchuan, the presiding judge of the case and the judge of the Civil Tribunal of Xuhui Court, said that since May last year, the Xuhui Court has regularized the presence of judges in the comprehensive management centers of various subdistricts and towns. By holding court sessions at the doorsteps of residents, it has achieved the effect of hearing one case and managing one.
From "Ms. Jiang in Hongkou" to "Ms. Deng in Xuhui", social attention to topics related to guardianship support for special groups and estate administrators is also increasing day by day. This case was held in the form of a circuit trial, also to promote the popularization of the law, so that the legal system can truly open up the "last mile" of the popularization of the law.
Judge interviewed
In the future, Xuhui District will also pass the "Ms. Deng Case" to solidify the experience and practices gained through exploration through mechanisms, so that the dividends of the system can benefit more groups.
Related news
She left alone, leaving behind a huge inheritance. Her circumstances during her lifetime triggered discussions throughout Shanghai.
A few days ago, a 53-year-old woman living alone in Shanghai, Ms. Deng, suffered a cerebral infarction and collapsed in a rental house.
Because both parents are dead, unmarried, childless, and have no close relatives, temporary custody becomes a big problem.
Fortunately, the Xuhui District Civil Affairs Bureau promptly made it clear that the place of household registration would take a step forward and assume the responsibility for temporary guardianship, which brought a turn for the better for Ms. Deng's rescue.
On March 11, the People's Court of Xuhui District officially issued a judgment and designated the Huajing Town Impression Xuhui Residents Committee as the guardian of Ms. Deng. The Xuhui District Notary Office issued the first notary certificate of temporary guardian in the district, and issued a legal "temporary ID card" to the neighborhood committee of the place of residence as Ms. Deng's temporary guardian, opening up a life path.
The picture shows the relevant notarial certificates
Previously, Ms. Deng's condition improved for a time, "she can open her eyes, but her consciousness is still relatively vague." The millions of assets in Ms. Deng's name also provided a solid financial guarantee for her follow-up treatment and care.
Ms. Deng’s condition improved for a time
However, the unfortunate news still came. The reporter learned today that in the early morning of March 19, Ms. Deng's vital signs suddenly became unstable. After rescue efforts failed, she was declared clinically dead at 2:47.
During a previous interview, the reporter learned that Ms. Deng was a demolition resettlement household and had never purchased any real estate. She had been renting a house for a long time. There was still nearly 6 million yuan in demolition compensation in her personal account that had not been used.
The will is still being checked among Ms. Deng’s belongings. If it is confirmed that Ms. Deng has no designated funeral arrangements, the Huajing Town Impression Xuhui Neighborhood Committee, as the designated guardian, will formally submit an application to the court. Through the court’s judgment, the civil affairs department in the jurisdiction will be designated as the administrator of her estate and carry out estate management work in accordance with laws and regulations.
Some netizens said:
This will happen more and more in the future
I hope the relevant departments will pay attention to it
@陈波: This situation will become more and more common in the future. They are all only children, many of whom are unmarried and have no children. What should I do if they become disabled and have dementia when they get old? It’s not that there is no money, it’s that they can’t decide how to use it independently. The government needs to establish a system as soon as possible to deal with it.
@ Quanquan: There are more and more people like this now, and more and more people born after 2000 will not get married.
@ღ世᭄ꦿ࿐宝༉: After following it for a long time, I still saw this bad news! Thinking that one day I will grow old, who will help me if I have no children?
@人无码不了不愿了: This kind of thing will happen more and more in the future, so it’s better to write your will as soon as possible while your mind is clear and your body is in good health.
@安小 boxes: Can you set up a special account for the special disposal of uninherited inheritance, which can be used to help some lonely elderly people or orphans?
@海平 Dusi: This has become a social problem. This situation will become more and more common in the future. I hope the government departments will pay attention to it and set up a government-trusted security agency.
@louizeyun: For the elderly living alone, I think the community has an obligation to remind the elderly to establish a will as early as possible and can change it at any time. It’s best to have one online, convenient channel, and don’t have to run around.
Some netizens are worried:
There will be "relatives" popping up to fight for the inheritance.
@ʚChen’s motherɞ: Just watch, there will be “relatives” popping up next!
@ The Promise of Promise: 600W inheritance, there are definitely relatives.
Some netizens lamented:
No one knows
Which comes first, tomorrow or the accident?
Live the moment
@君jun who gave up playing cards: The person dies, but the money hasn’t been used up yet. No one knows which will come first, tomorrow or the accident, so be kind to yourself.
@杨小omi: Enjoy the moment, and you won’t be able to take anything with you in the end.
@saixiongfei: Things are unpredictable, and it proves once again: Just be kind to yourself if you live one day in this world. Eat what you should eat, drink what you should play, and play. No matter how much money you have, it’s useless. If you don’t bring it with you in life, you won’t bring it with you in death~
@园园十: People live a lifetime and enjoy the moment. If you don’t bring it with you in life, you won’t take it with you in death!
@hellen: Live in the moment and be happy every day
