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recently, a boss in changsha passed away and left behind a legacy of tens of millions. his family discovered that his son xiao li (born in 2013) had no blood relationship with his mother. the court determined that the child was born through surrogacy, which aroused attention. the nephew, mr. li, questioned whether his aunt, as the guardian, illegally used the child's property and suspected that the child was not his uncle's biological child. he said that his request for a paternity test was rejected.

on september 19, mr. lin, the son of the guardian aunt li mouhong, told red star news that xiao li currently lives with his mother in his hometown. for xiao li's healthy growth, their family did not want to make a big deal, but mr. li's behavior had seriously affected their normal life, so they chose to cut off contact. in response to the doubts, mr. lin responded, "the child's property is currently managed by several elders of the family, that is, li moubin's brothers and sisters, and there is no illegal use." he will take mr. li's accusation to court.

mr. lin said that after his uncle li moubin passed away, they found that li moubin's nephew mr. li privately sold li moubin's commercial property worth 1.14 million yuan, and did not return it in time after li moubin's death. at present, the court has ruled in the final instance that the nephew mr. li should return 1.14 million yuan to li moubin's two children, but the nephew has not fulfilled his obligation to return it. in this regard, mr. li told red star news that the commercial property was the rights protection fee he incurred in handling the matters entrusted by li moubin, and it should be regarded as a reward for him. he disagrees with the court's judgment and will apply for a retrial within 60 days.

▲the court's final judgment was that mr. li should return 1.14 million yuan to li moubin's two children

the guardian responded to the use of property:

managed by several elders, no illegal behavior

according to mr. li’s introduction on september 13, his uncle li moubin (born in 1965) was once a major shareholder of a development company in taoyuan, hunan. he died unexpectedly in 2020, leaving behind a legacy of tens of millions and two sons. li moubin and his ex-wife zhang moumou (born in 1964) had agreed to divorce in 2013. after his uncle’s death, his eldest son lived with zhang moumou, and his youngest son xiao li lived with li moubin’s second sister li mouhong (mr. li’s second aunt). after his uncle’s accidental death, the second aunt li mouhong, with the support of several brothers, was determined to be the legal guardian of the child.

a judgment document from the intermediate people's court of changde city, hunan province, found that the eldest son was the son of li moubin and zhang moumou, and the younger son xiao li was born by li moubin through surrogacy. on september 16, 2013, li moubin and zhang moumou divorced, and the eldest son was raised by zhang moumou. li moubin died on june 3, 2020. on january 24, 2022, the people's court of furong district, changsha city, hunan province designated li mouhong as the guardian of xiao li. on january 27, 2022, zhang moumou and li mouhong, as the guardians of their two sons, reached a distribution agreement on the division of li moubin's estate and it was notarized.

mr. li, the nephew, said that he suspected that his second aunt had illegally used the property and had applied to revoke her guardianship. mr. li told red star news that he found that his second aunt's family had confirmed the guardianship without his knowledge and divided up the villa in changsha after selling it, which was worth 7 or 8 million yuan. "later, i learned that his second aunt's son bought a house in shenzhen and mortgaged it for tens of millions."

on september 19, mr. lin, the son of the guardian li mouhong, clarified to red star news that the child's property is currently managed by several elders of li moubin, that is, li moubin's brothers and sisters, and all financial expenditures require the consent of multiple elders. regarding the question of illegal use of property, mr. lin said that his house was purchased before his uncle li moubin passed away, and there was no mortgage, so there was no such thing as using the child's money to buy a house. he will take mr. li's accusation to court.

in addition, mr. li said in an interview that he suspected that xiao li was not li moubin's biological child and asked his second aunt li mouhong to do a paternity test on the child, but his second aunt, as the guardian, was unwilling and the court did not support it. the second aunt also prevented them from seeing the child.

in response to mr. li's question, mr. lin said that after his uncle li moubin passed away, he did not expect such questions to arise later. li moubin's body had been cremated and no hair or skin was left for identification. secondly, the court determined that xiao li was born through surrogacy by his uncle, and the child looked very similar to his uncle. the family firmly believed that the child was his uncle's, so there was no need for a paternity test. in mr. lin's opinion, mr. li insisted on doing a paternity test in order to deprive xiao li of his legitimate inheritance rights and li mouhong of custody in order to compete for the family property.

a lawsuit over a shop payment of 1.14 million yuan

the final judgment ruled that the nephew should be returned to his uncle's two sons

recently, the guardian of li moubin's two children and li moubin's nephew mr. li went to court over the ownership of a shop worth millions.

mr. lin told red star news that after his uncle li moubin passed away, they found that li moubin's nephew mr. li had sold li moubin's commercial property worth 1.14 million yuan before li moubin's death, and did not return it in time after li moubin's death. last month, the court made a final judgment that mr. li should return 1.14 million yuan to li moubin's two children, but mr. li has not yet executed it.

a civil judgment provided by mr. lin showed that on october 10, 2019, li moubin issued a power of attorney to his nephew mr. li, entrusting him to handle matters related to the loss recovery of jiayuan plaza (formerly marriott plaza) in qihe town. mr. li stated that li moubin had paid him some fees when handling the entrusted matters.

the related case trial revealed that li moubin entrusted his nephew mr. li to sign a "qihe shop property purchase plan" with others for a shop involved in the case, and sold the shop to chen mouhua, a person not involved in the case. the total transfer payment of 1.14 million yuan for the shop has been collected by the nephew, of which 150,000 yuan should be confirmed on december 28, 2019 as a deduction from the rent collected for the shop. mr. li did not transfer the above amount to li moubin. the distribution agreement signed by the child's guardian for li moubin's estate did not include the shop involved in the case.

in may 2023, after the guardians of li moubin's two children discovered the above situation, they all asked mr. li to truthfully report the property he had recovered during the period of accepting li moubin's entrustment. however, mr. li has not reported or returned the property so far. the children's guardians zhang moumou and li mouhong believed that their nephew's behavior infringed the children's rights and interests, so they brought a lawsuit to the court.

the first instance court, the people's court of taoyuan county, hunan province, held that, according to relevant laws, the property obtained by the trustee in handling the entrusted affairs should be transferred to the principal, and the entrustment contract shall be terminated upon the death of the principal. in this case, the nephew li moumou did not transfer the 1.14 million yuan obtained from handling the entrusted affairs to li moubin, and claimed that the amount was a gift from li moubin to him, and that 150,000 yuan was the cost of handling the certificate, but he did not submit sufficient evidence to prove his claim, so it was not accepted; after li moubin's death, the entrustment contract between the two should be terminated, and the 1.14 million yuan obtained by the nephew from handling the entrusted affairs should be inherited by li moubin's heirs in accordance with the law. li moubin's two sons are li moubin's first-order heirs. the two parties did not distribute the 1.14 million yuan, so it should be jointly owned by the two.

after the first instance judgment, the nephew mr. li appealed, saying that the two boys were doubtful as li moubin's biological children and that they were not qualified. in addition, he received the gift house for a consideration, which was the rights protection fee he incurred in handling the matters entrusted by li moubin, and the additional compensation he received for helping li moubin recover the house outside the agreement.

on august 13 this year, the changde intermediate people's court, the second-instance court, stated that the facts ascertained were consistent with those of the first-instance court. it believed that the nephew mr. li's claim that li moubin had given him the shop in question as a reward for previously commissioned work failed to provide sufficient evidence to confirm the claim, and the court did not accept the claim.

the second-instance court held that after li moubin’s death, the purchase money involved in the case was inherited by li moubin’s two sons in accordance with the law and should be returned to the two children.

in addition, the identities of the two children and their guardians have been confirmed by the effective judgment of the people's court and will not be reviewed again in this case. in the end, mr. li's appeal was rejected. this is the final judgment.

on the afternoon of september 19, regarding the failure to return the 1.14 million yuan of commercial property, mr. li told red star news that he insisted that the two boys were still in doubt as to whether they were li moubin's biological children. in addition, the commercial property was the rights protection fee he incurred in handling the matters entrusted by li moubin, and should be regarded as his reward. therefore, he disagreed with the court's decision and would apply for a retrial within the 60-day appeal period.

red star news reporter cai xiaoyi