If an old man s daughter dies, does his granddaughter have an obligation to support him?

Updated on society 2024-03-09
5 answers
  1. Anonymous users2024-02-06

    Maintenance, i.e. taking care of aging parents. The so-called maintenance mainly refers to the behavior of children financially providing their parents with necessary daily necessities and expenses, that is, assuming certain economic responsibilities, providing necessary economic help, and meeting reasonable material requirements. The law stipulates that children have an obligation to support their parents, so do grandchildren have an obligation to support their grandparents?

    Article 28 of the Marriage Law stipulates that 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. Therefore, there are prerequisites for grandchildren's obligation to support their grandparents, namely:

    The parents are dead or the parents are unable to support them. In other words, if the child is alive and has the ability to support the child, the grandchild or grandchild does not bear the obligation to support the child. In addition, grandchildren must also have the ability to support them.

    Legal basis: Article 28 of the Marriage Law of the People's Republic of China provides that 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.

  2. Anonymous users2024-02-05

    According to the provisions of the relevant laws of China, if the children of the elderly die, their spouses or other persons who have the obligation to support them shall support them, such as adopted children, stepchildren, grandchildren, grandchildren, etc.

    Law on the Protection of the Rights and Interests of the Elderly

    Article 14: Supporters shall perform their obligations to provide financial support, daily care, and spiritual comfort to the elderly, and take care of the special needs of the elderly.

    Supporters refer to the children of the elderly and other persons who have the obligation to support them in accordance with the law.

    The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.

    Civil Code of the People's Republic of China

    Article 1072.

    The relationship of rights and obligations between stepparents and stepchildren] There shall be no abuse or discrimination between stepparents and stepchildren.

    The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.

    Article 1074.

    Obligation to support grandchildren between grandparents] 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.

  3. Anonymous users2024-02-04

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

    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.

  4. Anonymous users2024-02-03

    If the daughter dies, the son-in-law has no obligation to support the elderly. The law clearly stipulates that 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. Therefore, the son-in-law only has the obligation to support his own parents, and has no obligation to support other people's elderly, and after the death of the daughter, in law, the son-in-law has no obligation to support, and the son-in-law should be supported if he voluntarily supports him.

    1. Whether it is illegal for a son-in-law not to support the woman's parents.

    It is not illegal for a son-in-law not to support the daughter's parents.

    It is not illegal for a son-in-law not to have an obligation to support his father-in-law and mother-in-law, but it is a violation of morality. From a legal point of view, a son-in-law has no legal obligation to support his father-in-law or mother-in-law or daughter-in-law to her father-in-law and mother-in-law. The law stipulates that adult children have a legal obligation to support their elderly parents who have lost the ability to work and have no income, and shall ensure their basic living conditions and family care.

    Children here include not only biological children, but also adopted children and stepchildren who form a dependent relationship. Therefore, there is no dispute that children should support their parents.

    2. Can husband and wife share the living expenses of supporting the elderly?

    China's law does not clearly stipulate the obligation to support the spouse's parents, so the husband and wife can choose to share or not to share in the support of the elderly, and the parents of the spouse cannot force the spouse of the child to fulfill the obligation to support him.

    According to Article 1067 of the Civil Code, if a parent fails to fulfill the obligation to support the child, the minor child or the adult child who cannot live independently shall 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.

    3. A widowed daughter-in-law who has fulfilled her main maintenance obligations.

    The daughter-in-law and her in-laws, and the son-in-law and her parents-in-law are in-laws, and the daughter-in-law has no legal obligation to support her parents-in-law and son-in-law to her parents-in-law, so she has no legal right to inherit the estate. If the daughter-in-law or son-in-law continues to perform the main maintenance obligation to the in-laws or parents-in-law after being widowed, she shall participate in the inheritance as the first-order heir.

    Article 1067 of the Civil Code of the People's Republic of China provides that if parents fail to fulfill 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.

  5. Anonymous users2024-02-02

    Summary. Hello dear, there is no legal obligation to support a grandson. Legal basis:

    The Civil Code stipulates that children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand maintenance from their children. The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.

    When the old man's son dies, and there is a daughter, does the grandson need to bear part of the maintenance obligation?

    The daughter-in-law, grandson, got all the real estate and personal property, the daughter didn't get any money, and she was divorced, is this a daughter?

    Hello dear, there is no legal obligation to support a grandson. Legal basis: The Civil Code stipulates:

    Children have the obligation to support their parents, and when the children fail to fulfill their obligations, parents who are unable to work or have difficulties in living have the right to demand maintenance from their children. The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of high support and education.

    The grade is older, the health is not good, and people don't pick it up, do you let your daughter run around every day to raise her?

    According to the law, grandchildren have no legal obligation to support the elderly. Unless the old man is late and makes a bequest and maintenance agreement, agreeing to give the property to the grandson and the grandson will be responsible for his own life, support, death and burial obligations.

    In view of this situation, you can mediate with the judicial office of the place where the elderly live, and the grandson of the elderly person will take care of them according to the property they have acquired.

    The daughter has no place to live, so she has to run around every day to raise her, and she won't be ......

    If the grandson does not agree, you can sue the grandson and ask the court to order the return of the old man's to the old man, and when the old man dies, you can request that it be handled in accordance with the legal inheritance.

    According to the legal inheritance, it means that the daughter and grandson of the old man inherit equally according to the share of the inheritance.

    After the death of his son, the old man bought the Zheng house bought outside and wrote the name of his grandson, the family changed the head of the grandson's household, the old house also changed the name of the grandson, and also gave a dowry, got married, and waited for the daughter to divorce, and did not take away the clan, running around for dozens of miles every day to destroy this cherry ......

    It's really hard for you. But the old man didn't do it right. Since I want to let the maid Yuandong'er support her, but not leaving any property to her daughter, it is really difficult to understand.

    Given. It will be restless, maybe she has her concerns.

    Because the law stipulates that daughters are raised.

    Therefore, I suggest that you go to the township of Zheng Zhi, where the elderly live, to Chacongdou Town, or the sub-district judicial office, and ask for mediation to resolve the trouble. Explain everything clearly, and have the staff of the judicial office mediate and come up with a suitable maintenance plan.

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