Brief of the case

    Xiao Wang and General Manager Zhang had an employee-employer relationship. During the period when Xiao Wang provided labor services for Zhang, there was a situation of arrears in labor fees. On July 20, 2021, Xiao Wang and Manager Zhang confirmed through wechat chat that they owed 90,000 yuan in labor service fees. On January 5, 2022, Zhang passed away.

    On February 5, after Xiao Wang's unilateral settlement, he sent the arrears to Zhao, Zhang's wife, through wechat, with the content: "Xiao Wang is owed 90,000 yuan in salary for a project and other construction sites, and you can settle it after the New Year when you want the money back." On the same day, Zhao transferred 10,000 yuan to Xiao Wang through wechat. On September 22, four payments, totaling 76,000 yuan, were made to Xiao Wang and his designated account through the payment of wages on site. Xiao Wang asked Zhao to repay the remaining payment. Zhao issued a statement in October 2023, saying that she gave up inheriting her husband Zhang's estate. Xiao Wang failed to claim the above money and caused a lawsuit.

Court hearing

    The court heard that although Zhao promised to give up the right to inherit all of her husband Zhang's estate, Zhang's estate has not been distributed, nor has it been handed over to the local civil affairs department or grassroots management agencies for management. Xiao Wang provides services to Mr. Zhang. As an employer, Mr. Zhang shall pay labor fees to Mr. Wang as an employee. Delinquent payment shall be a breach of contract and Premier Zhang shall be liable for payment. After the death of General Manager Zhang, Zhao, as the first successor of General Manager Zhang, shall still be identified as the administrator of the estate of General Manager Zhang in the case that the administration of the estate is transferred to the civil affairs department or the village committee in the place where General Manager Zhang lived without making a declaration of renunciation of succession. Zhao shall, as the administrator of the estate, assume the responsibility for repayment and payment within the scope of the administration of the estate. Therefore, the court supported Xiao Wang's request that Zhao assume the responsibility for payment within the scope of managing Zhang's estate.

Judge's statement

    Article 1161 of the Civil Code stipulates that the successor shall pay off the taxes and debts payable by the decedent according to law to the actual value of the inheritance. The portion exceeding the actual value of the estate shall not be subject to repayment by the heir voluntarily. A successor who disclaims inheritance may not be liable for paying off the taxes and debts payable by the decedent according to law. Article 1,160: An estate that is neither inherited nor bequeathed shall be owned by the State and used for public welfare undertakings; If the deceased was a member of the collective ownership organization before his death, he shall belong to the collective ownership organization to which he belongs. Article 1,145: After succession begins, the executor of a will shall be the administrator of the estate; If there is no executor, the successor shall promptly elect an administrator; If the successor is not elected, the successor shall jointly act as the administrator of the estate; If there is no successor or the person who has given up the inheritance, the civil affairs department or the village committee in the place where the decedent lived before his death shall serve as the administrator of the estate. Article 1,147: The administrators of the estate shall perform the following duties: (1) to clean up the estate and make an inventory of the estate; (2) report the status of the estate to the heir; (3) Taking necessary measures to prevent damage to or loss of the heritage; (4) to deal with the claims and debts of the decedent; (5) To divide the estate in accordance with the will or in accordance with the law; (6) Performing other necessary acts related to the administration of the estate.

    In this case, Zhao, as the first successor of Zhang, should be responsible for the repayment of labor expenses owed by Zhang according to the scope of the property he inherited from Zhang. Although it has made a declaration of renunciation of inheritance, because Zhao has not transferred his estate management power to the civil affairs department or the villagers committee, Zhao should still dispose of Zhang's estate within the scope of his duties as the estate manager, including repaying the labor costs owed by Zhang to Wang.

    This article is transferred from the "Shandong High Law" wechat public number, thank you!