Maintenance Obligations and Inheritance Rights, Maintenance Obligations and Inheritance Rights

First, it is the responsibility and obligation of each child to support their parents, (just as our parents are obliged to raise us until adulthood when we are children), this has no causal relationship with inheritance or the distribution of property of the deceased during his lifetime, in terms of inheritance, if the parties made a will during their lifetime, the will shall prevail, if not, the inheritance shall be carried out in the legal order, and the parents of the deceased (including adoptive parents and dependent stepparents) children (including adopted children and dependent stepchildren, of course, also include illegitimate children), The spouse (regardless of the marriage, as long as there is a marriage registration certificate) is the legal first heir to the estate, and after the inheritance begins, the same heir in the same order should in principle distribute the estate in equal amounts.

Second, if the heirs have any objection to the content of the will or the distribution of property, they can raise it after the will is made or after the distribution of the property, and the two parties can negotiate, or find a third party to mediate, and of course, they can also initiate a lawsuit with the court. A will takes effect after the death of the party, and the self-written will has legal effect, and it makes no sense to submit it when the time comes.

3. Scope and order of legal heirs:

Article 10 The inheritance shall be inherited 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 Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Excuse me, do you say in your last sentence that your grandfather's brother has no parents, a wife, and children, or does your grandfather's brother have a wife and nothing else?

The second question is, did your grandfather die first, or did your grandfather's brother die first?

Scenario 1: If your grandfather's brothers have no relatives, and your grandfather dies after your grandfather's brother, then your grandfather and your grandfather's sister can jointly inherit your grandfather's brother's property, and now that your grandfather has died, your grandfather's inheritance from his brother can be your grandfather's inheritance and be inherited by your grandmother and your father and your father's brother.

Scenario 2: Your grandfather's brothers have no relatives, and your grandfather died before your grandfather's brother, then your grandfather's brother's property cannot be inherited by your family, but your grandfather's sister can.

Situation 3: If your grandfather's brother still has a wife, then your grandfather's brother's wife inherits his property, and neither your family nor your grandfather's sister can inherit it.

Under legal inheritance, your grandmother does not have the right to inherit.

Legal Analysis: Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

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.

Legal basis: Civil Code of the People's Republic of China

Article 1074:Grandparents who can afford it have an obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Article 1130:(1) The share of inheritance inherited by heirs in the same order shall generally be equal.

2) Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance.

3) Heirs who have fulfilled their main obligation to support the decedent or who live with the decedent may receive an additional share of the inheritance when distributing the inheritance.

4) If the heirs who have the ability and the conditions to support do not fulfill their obligation to support, they shall not share or divide less when distributing the inheritance.

5) Where the heirs agree through consultation, it may also be unequal.

Article 23 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly: The elderly and their spouses have the obligation to support each other. Where a younger brother or sister who is supported by an older brother or sister becomes an adult and has the ability to afford it, he or she has an obligation to support the elder brother or sister who is old and has no support.

Legal Analysis: Maintenance refers to the material and economic provision of the necessary living conditions for the children of their parents, and the children, as the supporters, shall fulfill the obligations of economic support, life care and spiritual comfort for the elderly, and take care of the special needs of the elderly. Both sons and daughters have an obligation to support their parents.

The right of inheritance refers to the right of the heir to obtain the inheritance of the deceased in accordance with the law.

Legal basis: Civil Code of the People's Republic of China

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; 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.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) 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. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

The obligation to support refers to the obligation of children to provide necessary help and support for life, medical and other aspects when their parents need it. This obligation is legally recognized, and the law sets out the circumstances under which the child is required to fulfil the maintenance obligation, the scope and manner of the maintenance obligation, and the sharing of maintenance responsibilities. In China, the obligation to support is usually borne by the child, but in special cases, it may also be borne by other relatives or social organizations.

The right of inheritance refers to the right of a person to have a priority in the distribution of the estate among the legal heirs. In the process of estate distribution, if there is a legal heir, the legal heir has the right of priority distribution, followed by the heir designated by the will. Inheritance rights are usually related to an estate, which refers to the property, property rights, and property interests left by a deceased person after his or her death.

The specific provisions of inheritance rights may vary in different countries and regions, but they are usually prescribed by law. In China, the right of inheritance is usually enjoyed by the legal heirs, and if there is no will or the will is invalid, the inheritance is carried out in the order of the legal heirs.

Legal analysis: The obligation of maintenance and the right of inheritance are both part of the relationship between parents and children, and if the children do not fulfill the obligation of support, it may affect the inheritance rights of the parties.

Legal basis: Article 1125 of the Civil Code of the People's Republic of China An heir shall lose the right of inheritance if he or she commits any of the following acts: (1) intentionally killing the decedent; (2) killing other heirs for the purpose of competing for an inheritance; (3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, concealing, or destroying a will, where the circumstances are serious; (5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious.

Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights. Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

The right of inheritance is related to the obligation of maintenance as follows:

1. The obligation of maintenance and the right of inheritance are both part of the relationship between parents and children;

2. If the children do not fulfill the maintenance obligation, or the parents do not perform the maintenance obligation, it may affect the inheritance rights of the parties;

3. Other connections between inheritance rights and maintenance obligations.

1. Whether children whose parents are divorced can have the right to inherit property?

If the parents divorce, the inheritance rights of the children will not be affected. There are several types of inheritance relationships between divorced parents and children:

1. Between biological parents and children, regardless of whether the divorced parents raise the children or not, it will not affect the inheritance rights of the children;

2. The right of inheritance between adoptive parents and children, due to the divorce of the adoptive father and adoptive mother, the children are raised by the adoptive father or adoptive mother alone, and the relationship between the adoptive father or adoptive mother and the original adoptive child who does not perform the obligation of support can be dissolved, resulting in the elimination of the right of mutual inheritance;

3. The inheritance rights between stepparents and children who have a maintenance relationship may also terminate the original maintenance relationship due to the divorce of the stepfather and stepmother, because the other party does not continue to bear the responsibility of maintenance, resulting in the elimination of mutual inheritance rights.

2. Do parents have the obligation to support their children after divorce?

Children have an obligation to support their children after their parents divorce. The relationship between parents and children is not extinguished by the divorce of the parents.

According to Article 1067 of the Civil Code, if the parents fail to fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the 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.

According to Article 19 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, a supporter may not refuse to perform his or her obligation to support on the grounds of renunciation of inheritance rights or other reasons.

If the supporter fails to perform the maintenance obligation, the elderly person has the right to demand that the supporter pay alimony.

The caregiver shall not require the elderly to undertake work beyond their means.

3. Whether the guardian of the bequest maintenance agreement is a grandson or a granddaughter.

The dependant of the bequest maintenance agreement cannot be a grandson. According to the law, a bequest and maintenance agreement can only be signed with a person other than the legal heir or a collective ownership organization, and there can be no statutory obligation of support between the person or the dependent in the bequest and maintenance agreement, and the grandchild has the obligation to support the grandparents when his parents die or is unable to support him, and enjoys the right of subrogation, and is the legal heir, so the grandchild cannot sign a bequest and maintenance agreement with the grandparents.

Article 1127 of the Civil Code states that inheritance shall be carried out in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

Article 14 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.

Article 19 of the Law on the Protection of the Rights and Interests of the Elderly provides that a supporter shall not refuse to perform his or her obligation to support on the grounds of renunciation of inheritance rights or other reasons.

If the supporter fails to perform the maintenance obligation, the elderly have the right to demand that the supporter pay alimony.

The caregiver shall not require the elderly to undertake work beyond their means.