Can a person who supports a large number of elderly people ask for more property?

Legal issues: I took care of most of my parents who were locked up in my house before their deaths, and the other brothers only came to visit the old man occasionally, but now that the old man has passed away, can I ask for more property? (The lawyer call center invites a lawyer from Shanghai to answer this question for you) Lawyer Hu:

Supporting the elderly is an obligation. If the elderly have property, they can ask for more points. Related Knowledge - Maintenance Obligation (1) The post-maintenance obligation arises after the adoptive relationship between the adoptive parents and the adoptive child is dissolved, which is the temporal characteristic of the post-maintenance obligation, and it is also one of the formal characteristics that distinguish the post-maintenance obligation from the maintenance obligation; (2) The subject of the obligation of post-maintenance is the adult child who has been raised by the adoptive parents.

An adopted child who is nominally adopted but does not actually live with his or her adoptive parents, or who has been raised by his adoptive parents but has not yet reached the age of majority, is not the subject of the obligation; (3) The object of the post-maintenance obligation is the adoptive parents who lack the ability to work and lack of livelihood. There are two elements here, one is the lack of ability to work, and the other is the lack of livelihood. Both must be present at the same time, and the absence of one does not constitute the object of the post-maintenance obligation; (4) The content of the maintenance obligation is the payment of living expenses.

This is the essential feature that distinguishes the post-maintenance obligation from the maintenance obligation. Under normal circumstances, the general child's obligation to support his parents includes both material support, that is, the payment of living expenses, and spiritual support, and the obligation of support after the dissolution of the adoptive relationship occurs when the relationship between the adoptive parents and the adoptive child no longer exists, therefore, the material support for the purpose of solving the problem of food and clothing, that is, survival, has become a prominent feature of the post-maintenance obligation. Article 11 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall fulfill the obligation to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly.

Therefore, the complete maintenance obligation includes three aspects: material support, spiritual comfort, and life care: 1Adult children who are financially able to support the elderly are provided with the necessary maintenance expenses when their parents have no financial income, or when the economic income is insufficient to meet the local minimum living needs.

If the child and the parents live together, the child shall provide the necessary conditions for clothing, food, housing and transportation for the parents; For children who are unable or unwilling to live with their parents, the children shall provide the necessary maintenance for the parents. 2.Article 21 of the Marriage Law stipulates that "children have the obligation to support their parents.

When a child fails to fulfill the obligation to provide support, the parent who is unable to work or who has difficulty in living has the right to demand maintenance from the child. On the other hand, it also clarifies that the parents require their children to pay alimony, one is that they are old and infirm, unable to work, and the other is that they have difficulties in living. Parents who do not meet one of the above two conditions are not entitled to alimony from their children.

The share of the inheritance inherited by the heirs in the same order shall generally be equal, and the heirs who have fulfilled the main obligation to support the decedent or live with the decedent may receive more shares when the inheritance is distributed. It can be seen that the principle of equal distribution of the inheritance among the heirs in the same order is that if they have fulfilled more maintenance obligations, they can divide the inheritance more often.

Legal analysis: Heirs who have fulfilled their main obligation to support the decedent or who live with the decedent may receive more dividends when distributing the inheritance.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who do not fulfill their maintenance obligations, lack the ability to work or have difficulties in living have the right to demand alimony from their adult children.

Supporting the elderly does not necessarily mean that you will be able to share more property. According to the relevant laws, adult children have the obligation to support their parents. 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.

Article 1130 of the Civil Code of the People's Republic of China provides that the share of inheritance of the heirs of the same grandson shall generally be equal. Heirs who have special difficulties in living and lack the ability to work 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 a step-stocking inheritor who has the ability and the capacity to support does not fulfill his obligation to support, when distributing the inheritance, he shall not divide or divide less. Where the heirs agree through consultation, it may also be unequal. Article 26 of the Civil Code of the People's Republic of China provides that parents have the obligation to raise, educate and protect their minor children.

Adult children have an obligation to their parents to support, support and protect them. Article 1067 of the Civil Code of the People's Republic of China provides that where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Legal Analysis: If the adoptee has fulfilled his obligation to support his adoptive parents, and at the same time has raised his or her biological parents a lot, in addition to inheriting the estate of his adoptive parents in accordance with the provisions of Article 1120 and 7 of the Civil Code of the People's Republic of China, he may also be buried in rotation to receive an appropriate share of the inheritance of the biological parents in accordance with the provisions of Article 1131 of the Civil Code of the People's Republic of China. If the subrogated heir lacks the ability to work and has no livelihood, or has fulfilled the main maintenance obligation to the decedent, when distributing the inheritance, he can divide more.

Where the heir loses the right to inherit, his or her descendants must not inherit by subrogation. If the subrogated heir lacks the ability to work and has no livelihood, or has a large obligation to support the decedent, the inheritance can be appropriately distributed.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Inheritance Part of the Civil Code of the People's Republic of China (1) Article 10 Where an adoptee has fulfilled his obligation to support his adoptive parents, and at the same time has raised his or her biological parents a lot, in addition to inheriting the inheritance of his adoptive parents in accordance with the provisions of Article 1127 of the Civil Code of the People's Republic of China, he may also receive an appropriate share of the inheritance of his biological parents in accordance with the provisions of Article 1131 of the Civil Code of the People's Republic of China. Article 16 If the subrogated heir lacks the ability to work and has no livelihood, or has fulfilled the main obligation of support to the decedent, he may divide the inheritance more.

Article 17: Where heirs lose the right to inherit, their descendants may not inherit by subrogation. If the subrogated heir lacks the ability to work and has no livelihood, or has a large obligation to support the decedent, the inheritance can be appropriately distributed.