This case arises from Ms. Li's mother Zhang died in January 2019, the family has no objection to the inheritance of Zhang's estate, Ms. Li held her mother's bank card to take out the balance of the card, but due to a momentary wrong password led to the freezing of the bank account, the bank told Ms. Li that she must produce proof of Ms. Li's inheritance rights in order to take out the balance of the card.

To prove that Ms. Li (i.e., Li Moujia) is the legal heir of Zhang Mou, there are generally two ways: one is to obtain a notary public notarial instrument of inheritance, and the other is to obtain a court judgment or mediation by Li Moujia inheritance of the card balance of the effective documents.

I. Relative Relationship Sorting

Zhang and her ex-husband Li Mou gave birth to Li Mou A and Li Mou B. Later in July 2002, both parties divorced. Zhang married Tan in May 2012, and at the time of the marriage, Tan's children with his ex-wife had reached adulthood. Zhang and Tan did not have any children after their marriage, and Zhang's parents, Zhang Moujiang and Liu Mouhong, both predeceased him. The kinship chart is below:

Second, determine the path of processing

According to Li Moujia statement bank card should be the mother remarried, then the bank card balance should be Zhang Mou and Tan Mou's joint property, which belongs to Zhang Mou's share should be inherited, the heirs are Li Moujia, Li Mou B and Tan Mou. Considering the litigation time is long, the priority of the notary, but the notary needs to query the decedent and the heir's personnel or school records, in this case the decedent did not have a work unit, there is no personnel file, and the heir LiMouJia and LiMouBi also have no personnel file is also difficult to find the school records, so the notary's requirements can not be met. Ms. Li had to sue the court.

Third, pre-suit investigation and evidence collection

The parties have evidence: zhang's divorce certificate, zhang's marriage certificate when remarried, zhang's death certificate and household register.

In order to form a complete chain of evidence, the need for ZhangMouJiang, LiuMouHong death time, LiMouJia and LiMouBe respectively with ZhangMou's kinship need to investigate and obtain evidence.

ZhangMouJiang, LiuMouHong death certificate: to ZhangMouJiang, LiuMouHong domicile place of police station investigation found that there is no registration ZhangMouJiang, LiuMouHong death, according to LiMouJia statement due to the family conditions at that time, grandma and grandpa are in the home and buried, not in the hospital and cremated, so the police station, the hospital, the funeral parlor can't issue a death certificate. Due to the time is too long, the tombstone is not clear, can not prove the time of death, so can only request the village committee to cooperate with the time of death certificate.

Li mou a and Li mou b respectively with Zhang's kinship certificate: according to Li mou a statement Zhang mou and Li mou, Li mou a, Li mou b family household registration were together in Henan, after Li mou a school moved out of the household registration, Zhang mou remarried because of the household registration moved to beijing haidian district. Li Moujia entrusted relatives in the original household registration police station only to retrieve Li Mouyi and Zhang Mou's mother-child relationship certificate, the police station said it did not find Li Moujia's relevant information, can not issue a certificate. We turn to the village committee to request the existence of Li Mou A and Zhang Mou proof of the relationship between mother and daughter.

Fourth, in the case of peer assistance to continue the investigation and evidence collection

After the formation of a preliminary chain of evidence, the case to inheritance disputes successfully filed, after the lawyer to the court to apply for access to the bank card account opening time, successfully investigated to obtain the bank card account opening time is June 2017, that is, determined to be remarried during the deposit belongs to Zhang Mou and Tan Mou's marital common property. On the police station why can't issue LiMouA and ZhangMou there is a proof of mother-daughter relationship, lawyers and apply to the court to go to the domicile of the police station to retrieve ZhangMou's children, in view of the epidemic inconvenience travel, in henan lawyers counterparts with the assistance of the police station to obtain the proof of kinship.

Five, get civil mediation, successful cash withdrawal

After a year after the court notified the court, the case reached mediation, confirmed that Ms. Lee inherited the balance of the bank card, the other heirs to give up inheritance. As soon as we got the Civil Mediation, the lawyer accompanied Li Moujia and his family to take out all the balance of the card before the bank got off work.

Six, written in the end

Waiting for the court in the process of the party repeatedly asked, our family is not controversial, why the court always need this evidence that proves it? Do not know, kinship does not apply to self-recognition, the parties claim that the relationship are required to prove evidence, by the time and space evidence of the impact of the evidence session is often the most time-consuming and labor-intensive.

This case is handled in the following obstacles fortunately resolved:

First, the relevant party's kinship and death time to prove that are required to investigate in the field, need to coordinate with relatives or lawyers to go to the same;

Secondly, by the limitations of historical development, when you want to find a divorce agreement between zhang mou and li mou to prove the children's situation, but there is no archive in the civil affairs bureau, according to the client said that the local divorce at that time without a divorce agreement, only need to agree to divorce on both sides to obtain a divorce certificate, so can only to the police station to request to retrieve proof of relationship.

Thinking of last year's commission when the sad face of Ms. Lee, and then see now full of joy Ms. Lee, this is the significance of our work, the pursuit of excellence, not to be entrusted!