Who is the heir?

1. Zhang and his father's insurance policy did not specify the beneficiary. According to Article 63 of China's Insurance Law, if the insured fails to designate a beneficiary after his death, the insurance money shall be regarded as the insured's heritage, and the insurer shall fulfill the obligation to pay the insurance money to the insured's heirs. Therefore, Zhang and his father's insurance money should be regarded as their respective heritages and should be inherited by their respective heirs.

Second, according to the relevant provisions of China's inheritance law, inheritance begins when the decedent dies. In this case, Zhang's father and daughter died on the spot due to a car accident, and it is impossible to determine the specific time of each death. According to the provisions of Article 2 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Law of Inheritance, "several people with inheritance relations died in the same incident. If the time of death cannot be determined, the person presumed to have no heir will die first; If each deceased has an heir, if several deceased have different generations, it is presumed that the elders died first; Several of the deceased were of the same generation and were presumed to have died at the same time. They do not inherit from each other and are inherited by their respective heirs. " In other words, this case should be presumed that Zhang's father died first, then Zhang, and finally Zhang's daughter died.

The ownership of the estate should be clear.

First of all, it needs to be clear that Zhang's 60,000 yuan insurance money belongs to his legacy. According to the scope and order of inheritance stipulated in the Inheritance Law, Zhang and Zhang each inherit 30,000 yuan. Secondly, it is necessary to clarify Zhang's property ownership. The 30,000 yuan that Zhang inherited from Zhang's father's 60,000 yuan insurance money belongs to both husband and wife, and half belongs to his wife. Therefore, Zhang's own inheritance amount is 6.5438+0.5 million yuan plus his own insurance money of 60,000 yuan * * 75,000 yuan. Zhang's mother, wife and daughter are the heirs of this 75,000-yuan legacy, each inheriting 25,000 yuan.

Finally, it is necessary to clarify the property ownership of Zhang's daughter. Zhang's insurance policy states that the beneficiary is her father and mother, but does not explicitly choose the distribution method of insurance money? There are three distribution methods: sequential distribution, average distribution and proportional distribution. According to the provisions of paragraphs 1 and 2 of Article 61 of the Insurance Law, the insured or the applicant may designate one or more beneficiaries. If there are several beneficiaries, the insured or the applicant may determine the order and share of benefits; If the benefit share is not determined, the beneficiary shall enjoy the benefit right according to the equal share. Zhang's insurance policy did not fill in the distribution method of insurance money, nor did it specify the distribution method. Therefore, Zhang's insurance premium should be shared equally by his designated beneficiaries, that is, father and mother. Since it is presumed that Zhang's father died before Zhang's daughter, Zhang's wife, as the only beneficiary, should receive this 40,000 yuan insurance premium. In addition, the 25,000 yuan that Zhang's daughter inherited from Zhang's father's estate was also inherited by Zhang's wife.

Therefore, in this case, Zhang mother inherited Zhang's father's inheritance of 30,000 yuan and Zhang's father's inheritance of 25,000 yuan, with a total property of * * * 55,000 yuan. Zhang's wife inherited Zhang's legacy of 25,000 yuan, the joint property of husband and wife of 1.5 million yuan, benefiting all of 40,000 yuan, inheriting Zhang's daughter's legacy of 25,000 yuan, and the joint property of 1.5 million yuan.

Finally, Zhang's wife's inheritance should be distributed. Zhang's wife's first heir is only her father, so Zhang's father-in-law can inherit all Zhang's wife's inheritance.

Zhang's mother should get 55,000 yuan from the insurance money, and Zhang's father-in-law should get 10.5 million yuan.