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Anonymous users2024-02-05Maintenance is an obligation that both your children should fulfill. There's nothing to say about this, it's something that everyone does.
In the case of property, the first thing to look at is the will of the elderly. If the old man does not have a will, then the first heirs are the children, spouse, parents. Generally, such things are divided by the family themselves. If it can't be divided, mediation will also take precedence. If you can't do it, you will go to court.
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Anonymous users2024-02-04Inheritance Law of the People's Republic of China
Article 10 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.
Article 13: 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 when distributing 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.
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Anonymous users2024-02-03First of all, for inheritance, there is a will to inherit according to the will, and in the absence of a will, it is inherited according to the legal first-in-line heir, that is: spouse, parents, children. According to the provisions of the Civil Code, heirs who have fulfilled their primary maintenance obligations can inherit more of the elderly's estate.
Inheritance that has not fulfilled the obligation of maintenance may be divided into less or no inheritance.
It is a legal obligation to support the elderly, and the maintenance agreement signed between your children is formulated by the children in order to better support the elderly and provide a good living environment for the elderly. It cannot be used as evidence of the division of the estate. The elderly have the legal right to dispose of the lawful property of the elderly, and they can completely dispose of it according to their own wishes.
1. What are the legal principles for estate distribution?
Estate distribution refers to the distribution system of the property owner after his death according to the legal inheritance, will, or other legal provisions. The principle of distribution of the estate in the case of legal succession refers to the basic criterion for determining the share of the estate to be shared by the legal heirs in the same order in the legal succession.
The principle of distribution of the estate in the case of legal succession refers to the basic criterion for determining the share of the estate to be shared by the legal heirs in the same order in the legal succession. Article 1130 of the Civil Code clearly stipulates the principle of estate distribution for statutory inheritance, which we should understand from the following two aspects:
1.The share of inheritance inherited by the heirs in the same order should generally be equal. This is the general principle of the distribution of the estate in the legal succession, that is, the legal heirs in the same order should divide the estate equally. The word "general" in this article refers to situations that are not specifically provided for by law.
2.In special cases, the inheritance share of the legal heirs may not be equal. According to the relevant provisions of the Civil Code, "special circumstances" mainly refer to:
1) Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance. The heirs can only be taken care of in the distribution of the estate if they have special difficulties in life and lack of ability to work at the same time, and should be taken care of once these two conditions are met.
2) When the inheritance is distributed to the heirs who have fulfilled the main obligation of support to the decedent or who live with the decedent, they may be divided more, but not more than they should be, and it is not compulsory.
3) If the heirs who have the ability and conditions to support do not fulfill their maintenance obligations, they should be divided without or less when distributing the inheritance, which is an important embodiment of the principle of consistency of rights and obligations in the Civil Code. If the heirs meet the following conditions, they shall not share the inheritance or share it in a small amount:
The heirs have the ability and conditions to support them;
failure to fulfill the obligation to support;
It can also be divided equally by mutual consent of the heirs.
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Anonymous users2024-02-021. It is the legal obligation of children to support the elderly. The widowed daughter-in-law and widowed son-in-law who have fulfilled the main maintenance obligation will participate in the distribution as the first-order heirs.
2. Where a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law and mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she shall be the heir in the first order.
3. The share of inheritance inherited by heirs in the same order should generally be equal.
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