The Truth About Inheritance You Should Know in Your 30s. What Happens to Assets When a Child Passes Away Before Their Parent?
A judicial scrivener explains based on actual past cases.
The heavy door of the consultation room
One afternoon, I met with Ms. A, a woman in her late 30s, in the consultation room.
She came to settle the estate after her father-in-law passed away, but her expression was somewhat somber.
"Sir, actually, my husband passed away three years ago. Now that my husband is gone, our son and daughter (my grandchildren) have nothing to do with their grandfather's inheritance, right...?"
Ms. A was carrying a sense of loneliness, believing that because her husband was gone, they were no longer involved in her father-in-law's inheritance.
The "magic wand" that rewrote the family tree
I took out a sheet of paper and slowly drew a family tree in front of Ms. A.
"No, Ms. A. The law does not discard your husband's share. Instead, it passes on the 'future of the children' that your husband would have wanted to protect to his grandchildren in his place."
When I explained the term "inheritance by representation", Ms. A seemed relieved, and her expression brightened a little.
Between emotions and procedures
However, the reality of the work does not end with just "emotion."
This is where the judicial scrivener comes in.
When "grandchildren" join the division of estate agreement: From the perspective of other relatives (such as my husband's siblings), there may be confusion when a young grandchild enters the discussion on equal footing.
When the heir is a minor: Since a minor cannot participate in the division of estate agreement, the person with parental authority will participate in the agreement on their behalf.
The struggle of collecting family registers: To prove that "the husband passed away first," it is necessary to request more family register transcripts from the municipal office than usual.
I told Ms. A, "I will handle the procedures for you. You just need to tell your son, 'This is a baton that Daddy passed on to you.'"
The law is a process of reaffirming 'family bonds'
After the inheritance by representation procedure was finished, Ms. A said with a refreshed face,
"With this, I think my husband is also relieved in heaven. My son also seems to have felt a strong connection between his grandfather and his father."
As a judicial scrivener, I witness many situations, but inheritance is not just the transfer of assets.
"Legally and psychologically landing the wishes of those who passed away first to the next generation". This was a case that reaffirmed that this is our true job.
Thank you for reading to the end!
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I sincerely hope that those who are struggling alone can live their lives with a slightly brighter heart.🙏
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