Ask about inheritance? Inheritance issues?

The solution to the basic problem of inheritance: In the case of laughter, the heirs will negotiate and deal with the inheritance issue in the spirit of mutual understanding, mutual accommodation, harmony and unity. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

[Legal basis].

Article 1130 of the Civil Code of the People's Republic of China.

The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in living and lack the ability to work shall be taken into account 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.

Article 1132.

The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

Death benefits are not covered by inheritance. But the close relatives of the deceased can be divided. The law does not clearly stipulate the distribution of death compensation, and generally the close relatives who lived together with the victim should be the right holders.

As for the determination of the distribution ratio. In principle, reference may be made to the provisions of the Inheritance Law.

However, in trial practice, different handling should be carried out based on different circumstances, taking into account circumstances such as labor capacity, living income level, and taking care of the protection of the rights and interests of women and children.

1. For the close relatives of the victim who lived together before his death, if the victim still lives together after his death, there is no need to divide them;

2. For the close relatives (parents) of the victim who lived together before his death, after the victim's death, to live in other places, and the right holder requests to divide it, it shall be divided in accordance with the provisions of the Inheritance Law according to whether the right holder has the ability to work, whether he has other living income, etc., in line with the principle of taking care of the old, weak, sick and disabled, and taking into account that the victim's parents and minor children have already received child support;

3. For the adult children of the victim, before the death of the victim, they have married and lived alone, because the death compensation is in the nature of economic compensation and spiritual solace, whether it is an adult child or a minor child, the sudden death of their relatives must be very painful mentally and should be comforted, but the total division ratio cannot exceed the provisions of the "Inheritance Law". If the adult child has a regular job and income, and the victim living with the victim has no job or income, the child may receive less or no share, and the maximum amount of the death compensation shall not exceed 10-15%; If the adult child does not have a regular job or income, and the victim has a certain income while the victim lived together, the child can be divided in the range of 20-30% of the death benefit.

The above is trial practice, not absolute. You can refer to it on a case-by-case basis.

1. The compensation shall be handled in accordance with Article 11 of the Judicial Interpretation on Personal Injury and calculated with reference to the relevant provisions of the Regulations on Work-related Injury Insurance;

2. The compensation shall not belong to the inheritance, but shall be compensation for the close relatives of the deceased. According to the provisions of the General Principles of Civil Law, these people mentioned by you are close relatives of the deceased.

3. Therefore, they are all entitled to a share of the compensation. The specific division can be divided equally, or it can be biased according to the actual situation of raising and supporting.

Hello. Death compensation is not an inheritance in law, but a condolence payment to the relatives of the deceased. Of course, its distribution can be handled with reference to the method of inheritance.

According to your account, the death benefit should be distributed by:

The current spouse of the deceased, all the children of the deceased, parents of the deceased. There are several people, and several people are evenly distributed. Of course, for the party who is in difficulty, it is appropriate to give more points.

The wife, the two daughters, and their father, each had a share.

Second, the oldest should be the grandfather of the younger generation. The deceased is no longer able to take care of the elderly, and this situation will be taken into account when assigning. One is that you can continue to live. The second is that he also inherits the inheritance that belongs to him.