My father died suddenly, and there was 2.29 million yuan in the stock account, but I couldn’t get it？
CCTV News:The old father died unexpectedly. One year later, the son found that the old man had more than 2 million yuan in cash in his stock account! I want to take out the money, but my son, Mr. Ma, has encountered great difficulties. "The securities company said that the asset ownership relationship is not clear, which proves that my dad is my dad, and the old couple has no other heirs. What is the unclear asset relationship? ！”
Father died suddenly, and there was 2.29 million cash in the stock account.
In March 2015, Mr. Ma’s old father accidentally fell down while going up the stairs and fell to his head. Although the doctor was sent in time, the old man died. Because of the sudden incident, the old man didn’t leave a word. In August and September this year, Mr. Ma’s lover suddenly remembered that the old man still had a stock account. Mr. Ma went to the securities company to check, and the old man’s account contained more than 2.29 million yuan, all in cash, while the bank card associated with the account contained less than 300 yuan’s money.
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The old man has passed away, and Mr. Ma doesn’t know the account name and password. "The securities company asked me to notarize and prove the father-son relationship, and the elderly can’t have other heirs." Mr. Ma said.
The father’s death certificate is in Mr. Ma’s hand, and Mr. Ma’s mother died of a cerebral infarction in 2010. On October 18, 2016, Huanggu Notary Office of Shenyang City, Liaoning Province issued a notarial certificate, which recorded the balance of Mr. Ma’s father’s account in the securities company. "This is to certify that the legacies of Ma Moumou and Qiao Moumou were inherited by their sons, Mr. Ma", which was clearly stated in the notarial certificate.
After proving to be the sole heir, the assets still cannot be taken out.
Holding the notarial certificate that has been worked hard, Mr. and Mrs. Ma came to the securities company again, only to find that they still couldn’t get the assets under their father’s name.
"When I went to the securities company to inquire, I found that the balance in the account was actually different from that on the notarial certificate." Mr. Ma said.
"Look carefully again, just as I was waiting for the notarial certificate, someone used this account to trade stocks, which is a trading quota of hundreds of thousands, which is a large transaction. The result of the final transaction is that there is no loss of money. " Although there is no loss of money, but people have passed away, why can anyone operate the account?
"The securities company said that they could not find out who the operator was." Mr. Ma introduced.
Because of new problems, the securities company froze the account and refused Mr. Ma’s request to withdraw the money.
Securities companies: The possibility of disputes over the ownership of assets cannot be ruled out.
After negotiation, the securities company handed over the management right of the account to Mr. Ma and issued a written reply to Mr. Ma.
“… … It is found that since the death of the old man, there are still records of fund transfer and stock trading in the old man’s account, and you, as the sole heir of the account, clearly stated that you did not know the password of stock trading and fund transfer in the old man’s account, and you did not know the situation of stock trading, fund transfer and actual operator in the old man’s account, and the bank card associated with the account was not in your hand; The notarial certificate also did not explain this situation. In view of the above-mentioned actual situation, our department believes that the accounts of the elderly may be stolen or operated or borrowed by others, and does not rule out the possibility of disputes over the ownership of assets … … In order to avoid disputes over asset ownership in the future, we suggest that you handle judicial confirmation through judicial channels. "
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Lawyer: The notarial certificate can prove that the securities company of inheritance right should cooperate.
Regarding the problems faced by Mr. Ma, the lawyer said: "First of all, the notarial certificate is a legal document recognized by the national notary office at the request of the parties. The notarized facts are generally adopted directly as valid evidence even during the trial of the people’s court. If the parties have a notarial certificate issued by the notary office to prove that they are the sole heirs of the estate, then the securities company should actively cooperate with the inheritance. Even if someone has operated the account transaction after the death of the old man, it will not affect Mr. Ma’s legal inheritance right. "
Regarding the suggestion of judicial confirmation in the reply of the securities company, the lawyer said that this suggestion is difficult to operate in practice. Going to the court for judicial confirmation is to let the court determine who the money belongs to. Let’s not say that the notarial certificate has proved Mr. Ma’s inheritance right. As far as judicial confirmation is concerned, it is necessary to have a clear defendant, who will go to the court to identify it when there is a dispute between the two sides over the money. Mr. Ma doesn’t know who operated this account at first. He is an only child himself. He has no dispute with others on this money. Let him go to the court to confirm the right, and he can’t find the defendant at all.
Make a will in advance to avoid inheritance disputes
My father died suddenly, but as an only child, I encountered many problems in inheritance. This is not an isolated case. Xiaoli, an only daughter in Hangzhou, also encountered a similar problem. When she inherited the property left by her father, because her father did not make a will, she was told by the Housing Authority: either provide the inheritance certificate issued by the notary office or provide the court judgment. Xiaoli found the notary office, and the notary office asked her to find all her parents’ relatives and bring them to the notary office to do inheritance notarization.
It turns out that Xiaoli’s grandmother was still alive when her parents died, so her father’s three brothers and sisters are also property heirs from the legal point of view. Only by proving that these people have given up their inheritance rights can Xiaoli get the house.
"To prevent this from happening, parents can only make a will in advance to confirm that the property is inherited by their children." Lawyers advise you not to be shy about making a will before you die. He said that in the Inheritance Law, there are two forms: statutory inheritance and testamentary inheritance, and statutory inheritance means that when the decedent has no will, the heir inherits the inheritance in the order of inheritance. Therefore, making a will first can avoid these troubles. The same is true of stock accounts.
In addition, the lawyer also stressed that as parents’ joint property after marriage, when making a will, parents must sign it together. At the same time, it is best to have a notary notarize on the spot, and keep the voucher through audio and video recording to avoid unnecessary troubles in the future. (This article Source: Liaoshen Evening News)