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As a child, there are several truths that you should understand when it comes to the savings of your parents.
Parents' pension money, no matter when, don't think about embezzlement.
Young people must understand this truth, no matter what they want to do, if they lack money, then they can find a way, you can ask anyone to borrow, but you must not take your parents' pension savings to pay for your ideals, after all, anything you are going to do with this money is actually risky. You are young and not afraid of failure, but the old people are old, and they can't stand it.
How to deal with the savings of parents, the right is in the hands of the elderly themselves, and the children should not be forced.
As a child, although the parents' savings and property have the right to inherit, in the final analysis, the old man's own savings, how he wants to deal with it, the right is still in the hands of the old man himself, and as a child, whether you are a son or a daughter, do not force or send some unrealistic hopes.
Not only will the relationship between you and your parents be affected, but you will also give your children a bad example, and years later, when you are old, your life may not be better.
Q: What is the difference between "borrowing money" and "gnawing the old"?
Although there is a difference between the two, if you borrow your parents' money and do not pay it back or can't pay it back, then this borrowing money is actually "gnawing the old in disguise", the old man himself has no pension savings, and you are not able to provide good pension conditions for the elderly, in fact, it is to ignore the old man's old life, this is not gnawing the old and what is it.
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I don't think you should tell your children because they can't save a lot of money themselves, they can spend the money they save and don't let the children worry about it.
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Try not to tell your children, because this will make them self-motivated, and they will not think about asking for money from the elderly.
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Legal Analysis: If the old man dies, the children can be taken out. First of all, you have to go to the bank to check the account opening of the elderly, and check the balance under the account, according to the size of the balance there are 2 different ways to end up, and then bring the passbook and password to take it out.
Therefore, even if the old man dies, as long as the spouse has the old man's passbook and the spouse knows the password of the passbook, the spouse can of course go to the bank to withdraw the money.
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If the elderly have a fixed deposit and are unwell and cannot withdraw it, their children and grandchildren can withdraw it on their behalf, whether it is a bank card or a passbook. As long as you write an identity certificate, let him give him the ID card of yourself and the elderly, and let the banker see your certificate, you can directly withdraw the money.
If it is a fixed deposit on a bank card, the amount is less than 50,000 yuan, and it can be withdrawn at the bank ATM with the bank card; If the amount is more than 50,000 yuan, you need to take your ID card and bank card to the bank counter to withdraw. If it is a fixed passbook and deposit certificate, whether it is due or not due, the withdrawal requires the valid ID card of the ** person and the head of the household, and it needs to be withdrawn at the bank counter. In addition, passbooks and deposit receipts cannot be withdrawn from other places, and passbooks can be withdrawn from any local deposit bank, while deposit receipts can only be collected from the opening bank.
A fixed deposit, also known as a "certificate of deposit", is a deposit in which the bank and the depositor agree on the term and interest rate in advance at the time of deposit, and withdraw the principal and interest after maturity.
So, what happens to the savings that the family doesn't know about after the death of the person? First of all, we need to know that the bank will definitely not take the initiative to notify the family, because the bank has no obligation to do so. And, the most critical problem is that with so many depositors, the bank simply doesn't know about the depositor's death, so it can't tell the family.
In fact, regardless of whether the depositor dies or not, if it is a deposit that has not been claimed for a long time, it will be converted into a dormant account by the bank after certain conditions are met. The condition here refers to "no transactions have occurred in the current savings account for more than 15 years, and no customer has withdrawn the time deposit account for more than 20 years".
If the depositor or legal heir still does not come to handle the withdrawal business within two years, the bank will include it in the "non-operating income" and use it at its own discretion. Therefore, if you simply forget that there is a deposit in the bank, as long as the depositor's family members of the deceased remember it, they can go to the bank and withdraw the deposit at any time. However, it should be noted here that when the family of the deceased goes to the bank to handle the withdrawal business, they must bring the deposit certificate, the death certificate of the deceased, and the notarized relevant inheritance materials before the deceased's deposit can be withdrawn.
Otherwise, the bank will not directly give the deposit to the family of the deceased.
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First, depositing the deposit in the bank does not mean worry-free, we must do a good job of supporting countermeasures: we must inform the children of the login password of the deposit, plus the bank where the deposit is made and the actual deposit amount in the corresponding bank, without exception, let the children know it.
It is precisely because many elderly people ignore it when they are conscious, or when they are still alive, that they always think that it is too late to tell their children when it is over. In the end, it is not that the children are blocked from going to the bank to withdraw money, the children should do justice or give all kinds of proof, or the children do not care about saying that no matter whether the deposit is more or less, the children will not go to the bank to check or transfer out. Therefore, early planning and early distribution can prevent problems before they occur, and in general, the necessary information content of informing children should be forward-looking.
2. If the elderly are alone, it is not impossible to find a wife again, but the assets in love must be fair, especially the savings in love, which should be prevented as soon as possible. In addition to being fair, you must also be honest with your children.
It's not that you don't trust the wife you're looking for again, but you have to settle accounts. In this way, the wife candidates who only want to be seen can be avoided, and then the wife candidates who come together for love can be selected. In addition to carefully selecting the wife candidate, you can also avoid the possible economic competition in the future, after all, the children's business interests are implicitly threatened, and the children are unlikely to sit idly by.
Only by saying ugly things in advance, on the premise of preventing being cheated of money, can you eliminate the scruples of your children, and the road to find your wife again will be smoother.
3. Centralized storage when it should be centralized, decentralized storage when it should be dispersed, whether it is centralized depends on whether there are more than 500,000.
As we all know, the bank has issued a deposit insurance limit of 500,000 yuan, so if the deposit not only reaches 500,000, but exceeds 500,000, it is proposed to have two trustworthy banks or two trustworthy banks; If the deposit does not exceed 500,000 at present, it is basically not important to disperse, so as to prevent excessive dispersion from causing inconvenience when depositing, and more trouble when withdrawing money, and it will also deeply plant the security risks of neglect or negligence.
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The savings of the elderly should be kept in the bank for a fixed term, which is very safe and will not cause many problems.
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The savings of the elderly can be deposited through the bank into a fixed deposit, or they can also be deposited through wealth management.
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Summary. Dear Hello <>
The old man gave his savings to a child without permission. If an elderly person privately gives money to a child, and this child is not the common will of the other children, it may cause conflicts and disputes between family members. In such cases, it is advisable to communicate openly and honestly with each other in order to find an acceptable solution.
First of all, it needs to be clarified that in Chinese mainland, parents have the right to dispose of their own property, including privately distributing it to a child. However, if the other children feel that the distribution is unfair or that they have suffered losses, they can file a property inheritance dispute through legal channels, so it is better to negotiate or mediate between relatives. If you are the elderly person or if you are involved in this matter, carefully consider the impact of your actions on family members and try to communicate with other children and get their understanding and support.
If you are another member of the elderly's family, respect the elders and try to understand the needs and psychological states they may have. If there is a dispute that cannot be resolved through family communication and negotiation, it is advisable to seek legal aid or professional assistance in mediation.
The old man gave his savings to a child without permission.
Dear Hello <>
The old man privately gave his savings to a child. If an elderly person privately gives money to a child, and this child is not the common will of the other children, it may cause conflicts and disputes between family members. In such cases, it is advisable for family members to communicate openly and honestly with each other in order to find a solution that can interfere with the norm.
First of all, it needs to be clarified that in Chinese mainland, parents have the right to dispose of their own property, including privately distributing it to a child. However, if the other children feel that the distribution is unfair or that they have suffered losses, they can file a property inheritance dispute through legal channels, so it is better to negotiate or mediate between relatives. If you are an elderly person or if you are involved in this matter, carefully consider the impact of your actions on family members and try to communicate with other children and get their understanding and support.
If you are another member of the elderly's family, respect the elders and try to understand the needs and psychological states they may have. If there is a dispute that cannot be resolved through family communication and negotiation, it is advisable to seek legal aid or professional assistance in mediation.
Hello, what problems have you encountered, say it and I can help you analyze.
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Summary. The old man gave his savings to a child without permission. The old man's savings before his death belong to the old man, and his disposal power belongs to the old man, that is to say, it is his right to give his own savings to that son when the old man is alive, and other children have no right to intervene.
At the same time, the children should make it clear that the money and property of the old man when he is alive is not an inheritance, and only the money and property left behind by the old man after his death is the inheritance, and there is no inheritance without money and property. The money and things that the old man has given no longer belong to the old man, so it is naturally not an inheritance.
The old man gave his savings to a child without permission. The old man's deposit before his birth belongs to the old man, and his disposal power belongs to the old man, that is to say, it is his right to give his own savings to that son when the old man is alive, and the other children have not interfered with the loss of the rights of the townmates, from this point of view, it is okay for the old man to give his savings to the younger son before his death. At the same time, the children should make it clear that the money and property left by the old man when he is alive is not a testament, and only the money and property left behind by the old man after his death is the inheritance, and there is no inheritance without money and property.
The money and things that the old man has given no longer belong to the old man, so it is naturally not an inheritance.
I have two children, and my mother transferred money from the bank to me, is it considered a gift?
There are often many transfers between parents and children due to the relationship between them and their immediate family members, and the courts do not always recognize these transfers as gifts or loans. The nature of the transfer will usually be determined based on factors such as the relationship between the two parties at the time, the remarks of the transfer, the number of transfers, and transaction habits. At the same time, it will also take into account the financial situation of the specific party and the specific circumstances of the maintenance and support obligations that the relevant party should bear in accordance with the law. If a parent claims that the remittance to the child is a loan, and the child believes that it is a gift, the child must provide evidence or his claim about the gift to prove it; Where no evidence is provided or the evidence provided is insufficient to overturn the relevant evidence provided by the parents, the court shall make a determination that it is a loan based on the evidence of the entire case.
My mom said to give it to me but didn't want my brother to know, so there was only a bank transfer slip.
However, if there is a large amount of money transferred in a row, is it considered a gift?
The ways in which the parents' bank transfer is recognized as a gift are: both parties have an expression of intent to give, and the other party agrees to accept it, or it can be recognized as a gift based on ordinary living habits. According to the regulations, a gift refers to the act of the donor giving his property to the donee free of charge, and the donee expresses his acceptance of the gift.
But now my brother asks me about it, saying that I have embezzled my property.
It's okay dear. My brother got it.
Because my mom didn't tell him, only the two of us knew, he now goes to the bank to make a statement saying that I have embezzled my property.
He also said that he was going to court to sue me.
The crime of theft is the act of secretly stealing public or private property, and at the time of theft, the property is not under the control of the perpetrator: while the crime of embezzlement is the perpetrator's misappropriation of the property entrusted by the owner, and when he commits the act of misappropriation, the embezzled property is already under his actual control at that time.
You were given voluntarily by your parents.
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Why can't the amount of savings in the hands of the elderly be told to their children in their old age? If you can have a sum of money in your hand, you can not only take care of yourself, but also have more protection. For example, when you are sick, you will not be anxious because you have no money, or choose to give up.
To put it bluntly, it is much better to have money in your hands than to reach out to your children and ask for money. And you will not feel guilty about spending your own money, and you will not cause trouble to your children. To avoid children competing with each other for the elderly in their old age, if you have a decent amount of pension money in your hand, there is really no need to tell your children the specific amount.
If you have too much money, your children will inevitably compete with each other after they know about it, and it is most unnecessary to hurt the feelings between relatives for this money. If the old man doesn't have much money in his hands, let alone because people who don't have money will be disliked when they arrive, and their children will be afraid of being dragged down. Article**3 After a lifetime of hard work, you have to learn to be good to yourself for a lifetime, and you will have a little pension money in your hands.
If the first half of your life is for the family and your children, then in the second half of your life, you can live your own little life. There is no need to tell your children that you have a little pension money in your hand, so that they can miss it, it is better to spend it on yourself and enjoy life. And it is not selfish to do so, the obligations of parents have been fulfilled, and there is no need to spend the rest of their lives on their children.
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