-
Anonymous users2024-02-05According to Article 18 of the Marriage Law, the property belonging to one of the spouses: (2) medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury.
Therefore, 150,000 yuan belongs to the man's personal property, and 150,000 yuan should be inherited by his legal heirs as a personal inheritance, and Article 10 of the Inheritance Law stipulates that the heirs in the first order are spouses, children, and parents. The heirs in the second order are siblings, grandparents, and maternal grandparents.
When there are heirs in the first order, the heirs in the second order do not inherit.
In this case, the man's estate is only his first-order heirs, i.e., children and spouse, and as the heirs in the same order, they should receive an equal share of the estate of $150,000.
According to article 25 of the Marriage Law, children born out of wedlock have the same rights as children born in wedlock, and no one may harm or discriminate against them. This right also includes the right to inherit from the parents. Therefore, regardless of whether A and the man are married or not, their sons and daughters can inherit the estate as first-order heirs.
As to which of the husband and one of A and B constitutes a husband and wife relationship, according to Article 8 of the Marriage Law, both the man and the woman who wish to marry must go to the marriage registration office in person to register the marriage. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.
Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.
Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1) stipulates that: Where a man and a woman apply for marriage registration in accordance with Article 8 of the Marriage Law, the validity of the marriage relationship shall be calculated from the time when both parties meet the substantive requirements for marriage as stipulated in the Marriage Law. According to the above legal provisions, the establishment of a marriage relationship shall be completed by both parties to register with the marriage registration authority and obtain a marriage certificate.
The prerequisite for the marriage to be effective is also to register the marriage. Therefore, since neither A nor B registered their marriage with the man, it can be concluded that neither A nor B nor the man are married.
China's current law does not stipulate de facto marriage, and only the phenomenon of illegal cohabitation has been raised, so there is no de facto marriage in this case. Illegal cohabitation, on the other hand, is when a spouse lives together with another person (whether the person has a spouse or not) as husband and wife. The parties in this case also did not qualify as an unlawful cohabitation.
It can only be assumed that neither the man nor A nor B are married.
The man's $150,000 was divided equally between his son and daughter, each of whom received $10,000.
-
Anonymous users2024-02-04He was legally at fault for marrying without a marriage license.
The marriage to the first woman was already a de facto marriage, so that woman should be his wife and would have the right to inherit. There are 10,000 yuan.
The second woman has no right to inherit.
The law has specific provisions on the amount to be distributed. It depends.
-
Anonymous users2024-02-03First of all, it depends on the age of the man's marriage to his wife A and wife B, which is recognized as de facto marriage before 1996. In other words, if a man and his two wives were married before 1996 (without a license), the marriage relationship is recognized, and both wives have full inheritance, and if wife A is before 1996 and wife B is after 1996, only wife A has the right to inherit. Both marriages took place after 1996, and China no longer recognizes de facto marriages, that is, neither of them has become a legal wife, and neither of them can inherit it.
Secondly, there is no difference between legitimate and illegitimate children in China, and a son and a daughter have the right to inherit.
Finally, the mother is also the legal heir.
Specific analysis: The two wives formed a de facto marriage before 1996, and divided 150,000 yuan equally to: mother, wife A, wife B, son, daughter.
Only wife A and the man form a de facto marriage, and the wrong 150,000 yuan is divided equally to: mother, wife A, son, and daughter.
The two wives did not get a license after 1996, and the law considered the same situation, and 150,000 yuan was divided equally among the mother, son, and daughter.
-
Anonymous users2024-02-021. If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
2. The inheritance shall be carried out in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Law includes legitimate children, illegitimate children, adopted children, and stepchildren who have a dependent line.
3. The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who lack the ability to work who have special difficulties in life shall be taken care of in the distribution of the inheritance.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.
If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Where the heirs agree through consultation, it may also be unequal.
-
Anonymous users2024-02-01Regardless of who pays for the medical expenses, as the adopted son of your parents, he has the right to inherit your parents' property, unless your parents have a will.
-
Anonymous users2024-01-31D inherited B's 150,000; E inherited 450,000, including 300,000 for C and 150,000 for B.
-
Anonymous users2024-01-30Just let your mother handle the justice of renunciating the inheritance.
First of all, the fourth generation is Naruto's father, Jiraiya himself said it, his mother is called Uzumaki Qina, and his father (four generations) is called Bo Feng Shuimen. As for the surname, in fact, no one stipulates that it must be the father's surname, and another reason may be to protect Naruto and hide the background of celebrities, whether it is for Naruto himself or for Konoha, it has a certain protective effect. >>>More
No joy or sorrow, no beginning or end
There are two situations, first: your computer is poisoned by ARP, as soon as you start the Internet virus, trick other computers into sending data packets to your machine, and your computer throws away these packets, their computer will not be able to get on, use 360 to kill the virus. >>>More
On the contrary, the Rat tank was ridiculed by military experts as a 'clay-footed giant', and only two were built, which were attacked and captured by the Soviet army during the test, and never went to the battlefield. At that time, the rat tank could not even solve the problem of how to drive into the battlefield on its own, and it was useless to have powerful firepower and armor protection. Later, a larger E-100 giant rat tank was trial-built, which was also abandoned during the experimental phase. >>>More
1.On the same 1st floor, Gagir rested later, so I don't know what the real battle will be like. But according to the previous plot, it should be a new mystery even if it is encountered, or someone will come to save it when it is about to die >>>More