I do practical things for the masses | wife withdraw her husband’s 60,000 yuan deposit was rejected by the court, postal savings bank with interest to pay!

2022-04-30 0 By

If one of the couple dies first, how can the other party withdraw the deposit under the name of the deceased relative from the bank?Recently, xihua county people’s Court concluded such a case.Under the provisions of the law, the maximum respect and protection of the heir’s interests, but also to protect the temperature of the family.Years, Liu mou and Li Mou registered marriage, parents early death, childless.Li mou died of illness, Liu mou is its only legal heir.Li mou alive to month, five in the Postal Savings Bank xihua County business office deposit ten thousand yuan, each deposit term is one year.After handling Li’s funeral, Liu held a passbook to the bank to withdraw the deposit, but was told that “can not withdraw”, in order to safeguard their legitimate rights and interests, Liu can only the Postal savings Bank to the court.After accepting the case, xihua County People’s Court applied summary procedure in accordance with the law and held a public hearing.The plaintiff Liu mou provided marriage certificate, household registration book and other relevant evidence in court, and the defendant Postal Savings Bank of the plaintiff Liu Mou submitted evidence without objection.The court identified this case as a deposit contract dispute, the deposit in the case is the joint property of husband and wife, which belongs to li’s inheritance part of the joint property, should also be inherited by his spouse Liu.The People’s Court of Xihua County, in accordance with the relevant provisions of the Civil Code, made the following judgment: the defendant postal Savings Bank, a business office of Xihua County, shall pay the plaintiff Liu the deposit principal of RMB 10,000 yuan and interest within 10 days after the judgment takes effect.The deposit left after the death of a relative belongs to the estate. In the absence of a will or legacy agreement, it should be handled by legal succession. All the first successors have the legal right of inheritance.There are two solutions to this situation.Method one is all legal heir can apply for notarization to notary office, issue to the bank next notarial certificate, old man death certificate and other materials, money can be taken out;The second method is to reach a mediation agreement or make a judgment in court through litigation to determine the inheritance and distribution of the estate.Article 1127 of the Civil Code: Inheritance shall be in the following order: (1) First order: spouse, children, parents;Second order: brothers and sisters, grandparents, maternal grandparents.After the commencement of succession, the successor first in order shall inherit, and the successor second in order shall not inherit;If there is no successor in first order, the successor in second order shall succeed.The term “children” in this part includes children born in wedlock, children born out of wedlock, adopted children and stepchildren supported by children.The term “parents” as used in this part includes biological parents, adoptive parents and stepparents in a supporting relationship.”Brothers and sisters” referred to in this part shall include step-brothers and sisters, half-brothers and half-sisters, adopted brothers and sisters, and step-brothers and sisters who are supported by their parents.Article 1,153 of the Civil Code: Unless otherwise agreed upon, when the estate is divided, half of the property jointly owned by the husband and wife shall first be divided as the property of the spouse, and the rest shall be the estate of the decedent.If the estate is among the common property of the family, the property of others shall be divided up first when the estate is divided.Source: Zhoukou Intermediate People’s Court