Editor's note: How to distribute property during life, inheritance of property during death, not cause children to become enemies is a concern for many parents. Wu Ting-chan, a lawyer and financial planning consultant (AFP) who specializes in property distribution, rewards and property disputes, said that there are several situations in property distribution, rewards and other industries. First of all, we will conduct property distribution and distribution during our lifetime. This part will recommend that parents "keep a hand" first and then make property distribution and distribution when they are in a good position. "My daughter is in her 40s and is a dependent at home. Her body is getting worse and worse. After she leaves, her wife will not be protected. Can she leave her house only for her wife?"
"The couple divorced very early. The only son followed his mother and always treated his father as a withdrawal machine. He wanted to explore the son and try to cultivate his relationship, but often tear his face and conflicts occurred. If he didn't want to give his son a penny after death, what should he do?"
The inheritance of property during his lifetime and inheritance after death. How to deal with it without causing the son to become enemies is a concern for many parents.
Lawyer and Financial Planning Consultant (AFP) who specializes in property distribution and property disputes, said that there are several main conditions for property distribution. First of all, we will make property payments and distributions during our lifetime. This part will recommend that parents "keep a hand" first and then give it to them when they are in a good position.
Because it happened in the past, a solo son in Hsinchu promised his father who had a price of tens of thousands of yuan and gave all the real estate to him, he gave his father 20,000 yuan every month as living expenses. As a result, he was robbed by his son afterwards. Because he promised his monthly living expenses and wrote them in black without white paper, the father was unable to withdraw his sales at will, causing regret.
Next, if you distribute the post-death industry according to your own wishes, you can use the method of establishing the industry. There are many ways. The most recommended one is the agency and the public certificate, which has relatively little dispute.
However, in actual operation, we still need to evaluate the most suitable property distribution method based on everyone's family status. The following is to observe through two cases. If you don't want your children to inherit their inheritance, what can parents do?
My daughter is a dependent on her elders at home without working
During her lifetime, she gave her wife peace of mind with the house!
There is an old couple in their 80s who have a child. The old couple has a good relationship. Yu often rides to help the old lady buy vegetables. However, a few months ago, Yu Yu was hospitalized for pneumonia caused by a cold. Even though he was successfully discharged from the hospital, Yu Yu knew in his heart that his physical condition was getting worse and worse, so after he was discharged from the hospital, he began to plan property arrangements.
However, for a pair of children in the family, their daughter was unstable for a long time. Not only did she live at home, she often asked the old couple for money. She had physical conflicts with the old couple because she couldn't get any money. During a conflict, the daughter blew up and said, "After my father passed away, the property belonged to me!" This incident made my grandma feel very uneasy.
So when planning a property, I want to leave my only inactive property to my wife so that my grandma can have a guarantee. Wu Ting, a lawyer who assisted in the distribution of property in this case at that time, said that although the real estate industry was more rewarded and provincial tax (no need to pay and tax and land value-added tax), the status of the old man was assessed, and the transfer of property between spouses was also exempted and taxed, and land value-added tax could also be applied for a stable payment.
Because if you don’t give me the words to your grandmother during your lifetime, after leaving, all the properties including the house will be shared equally by the grandmother and a pair of children. Therefore, you will give me the spouse in advance to get some protection, which is also a way of property distribution.
But Wu Ting-chan also specially reminded that in order to save property tax, many parents will use the "fake purchase, real reward and" method to first give the house to their children, and then promise how much money they will pay to their parents per month, or collect the house rent to their parents, etc., but it is common for them to fail to fulfill their living expenses after the payment. "There are really many cases like this."
So she suggested that any property bonus should be written clearly in white paper, that is, the address of the real estate, the name of the recipient and the person, and the content of each other's promises, etc., and the words of the contract in white paper, which are legally called "necessary promises and contracts". In the future, if the children do not fulfill the promises, parents can ask their children to fulfill them, or withdraw the offer and take back the property.
After death, I don’t want to give my son a penny, what should I do?
In addition to the above-mentioned cases of old couples, through the methods and ways of living, we often encounter a situation in daily life, that is, parents do not want to leave their children after their death and leave them to specific children.
There are divorced couples. After divorce, the only son is supported by the mother. According to the father, the child will use him as a withdrawal machine for a long time. When he wants to visit or cultivate his relationship, he often refuses him thousands of miles away. There have been physical conflicts. Therefore, when the father planned to continue, he told the lawyer: "I don't want to leave a penny to my son."
Wu Ting said that if you want to exclude specific people from the inheritance arrangement, you can use the "establishment" method during your lifetime to clearly understand what behaviors a son has, such as major abuse or insults, which will cause his physical and mental inflicts. Therefore, he will not be allowed to inherit his inheritance in the future, causing him to lose his inheritance (according to Article 1145 of the Civil Law).
In addition, it is also recommended that for the child behavior mentioned in the process, it is best to leave a factual evidence first, such as test orders, recording sounds, recording movies or witnesses.
It should be noted that the current methods of independent management include public certificates, licensing, self-written certificates, sealed certificates and dictated certificates. The most recommended, and in fact, are the most commonly used methods of public certificates and licensing certificates.
Agents are written by a lawyer and a witness. In addition to the lawyer, the person should designate two more witnesses. It is recommended that one more executor is appointed; the public certificate is written by the court or the civilian public certificate, and the public certificate is written, read and explained. After the person recognizes it, the public certificate, the witness and the person signed, etc.
As for parents who often write a handwritten paper, that is, what is called a self-written book, Wu Ting said that the self-written book should be marked with the date, including the year, month, and date, and signed by himself; if there is an increase or decrease or correction, the place and number of characters for the increase and correction should be noted, and signed separately.
And after writing, it is best to ask a lawyer to help you read it and arrange for the executor, such as the inheritor or trusted person, colleague or friend, etc., to ensure that the handwritten manuscript is in compliance with the legal effect.
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