Does the death benefit belong to the estate, and does the death benefit belong to the estate

No one wants to face death, but they have to face it. Sometimes, misfortune may befall you. Sometimes, because the family of the deceased in an accident can get a death compensation, but due to the current rampant inheritance tax problem, many people have a doubt, that is, is the death compensation considered an inheritance?

Let's take a look at the problem with you today. This? In fact, there is a great deal of controversy in the law.

However, at present, more scholars are inclined to consider death benefits not to be included in the scope of inheritance. For example, if a person unfortunately dies, then the house he owns must be an inheritance, the car he owns must also be an inheritance, and his savings are also an inheritance, so is his debt to others an inheritance? At this time, ours is generally yes.

Because the debt of others to the deceased should not theoretically be eliminated by the death of the deceased, the debtor should still bear the obligation to repay the debt, but at this time the claim should be regarded as an inheritance, because the creditor of the claim itself should be the deceased itself. However, death benefits are different in that they generally occur after the death of the deceased, and it is impossible to assume that the death benefits were owned before the death of the deceased, but other estates can actually be considered the same. Therefore, the object of death compensation should not be the deceased himself, but the family of the deceased, or the heirs of the deceased.

Since the object is not the deceased himself, the death benefit should not be considered an inheritance. This kind of thinking can also be seen from the point of view of insurance. A life insurance, if the life insurance designates a specific beneficiary, or defaults to the legal beneficiary, in this case, the insurance has a beneficiary, then once the insured unfortunately encounters an accident and dies, then the insurance payment itself should be given to the beneficiary, and this payment cannot be counted as the insured's inheritance.

This is how many people say that insurance products can avoid inheritance tax. Of course, there are special circumstances, that is, if the life insurance product does not have a designated beneficiary, and it is not a legal beneficiary by default, at this time, the insurance compensation should be counted as the estate of the deceased.

Are death benefits, pensions, funeral expenses an inheritance?

Death benefits are not an inheritance. An estate is a person's legal property that existed before or at the time of death, while a death indemnity occurs after the death of the deceased and does not actually exist at the time of the death of a citizen, which does not conform to the characteristics of an inheritance.

1. Is the pension metal part of the estate?

An estate is the legal property of a person left behind by the deceased at the time of his death. The bereavement pension refers to the mental comfort and economic compensation given by the state or relevant units to the family of the deceased or the dependents of the deceased due to the disability or death caused by work-related injuries, traffic accidents or other accidents, which is equivalent to living expenses, and the pension issued due to the death has the nature of comforting his family. Since the pension was not given to the deceased and was not the property of the deceased during his lifetime, it was not covered by the estate.

2. Can I make a will if I pay for the funeral expenses?

Pension and funeral expenses cannot be made into a will, because the pension is the property loss paid by the compensation obligor to the victim's close relatives after the death of the victim, and the funeral expenses are a kind of economic help for the relatives of the deceased to deal with funeral affairs, and the inheritance is the legal property of the citizen that existed before the death of the citizen, so from the perspective of nature, the pension and funeral expenses do not belong to the scope of the estate stipulated in the law of our country, so it cannot be made a will.

3. How the compensation for death in a car accident should be distributed according to the law.

Death benefits are not inheritances, and there is no law on the proportion of death benefits to be distributed. Death compensation is a material compensation for the next of kin of the deceased. As compensation for the deceased's expected income in the future, the death compensation is not an inheritance and cannot be inherited, but it can be reasonably distributed with reference to the principle of division of the estate in the Civil Code of the People's Republic of China.

Article 1122 of the Civil Code of the People's Republic of China.

An estate is a personal legal property left behind by a natural person upon his or her death.

An inheritance that is not allowed to be inherited in accordance with the law or by the nature of the person who has not been hailized shall not be inherited.

Legal Analysis: First of all, this is not an inheritance, and no inheritance occurs. Secondly, it is generally directly distributed to the deceased's parents, spouse, and children, and has nothing to do with their siblings.

Legal basis: Interpretation of the Supreme People's Court on the Trial of Personal Injury Compensation Cases

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Article 19 Medical expenses shall be determined on the basis of the receipts of medical expenses, hospitalization fees, and other receipts issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if it is determined that the expenses incurred on the basis of the medical certificate or appraisal conclusion must be observed, they may be compensated together with the medical expenses already incurred.

Hello, the death benefit is not part of the estate. An inheritance is a legal property left behind by a citizen when he or she dies, and it exists before the death of the citizen. The death compensation is the income that occurs after the death of a natural person, which belongs to the compensation to the victim's family and does not belong to the scope of inheritance.

An inheritance that cannot be inherited according to the law or according to its nature shall not be inherited.

Legal Analysis: Death benefits are not an inheritance. An inheritance is a personal legal property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Legal basis: "Regulations on Work-related Injury Insurance" Article 39 If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in regret as a result of his or her work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;

3) The standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Death compensation is a property damage item unique to the unlawful death of a person, and it is a compensation for the victim's close relatives, which has the following characteristics:

1.The death benefit is not the estate of the deceased. The property rights and interests expressed in the estate are legally owned by the deceased during his lifetime, and the formation of the death compensation and the actual acquisition of the compensation occurred after the death.

2.Death benefits are not joint property of the husband and wife. Community property refers to the legal property acquired by one or both spouses during the existence of the marital relationship.

The marital relationship ends after the divorce or the death of one of the spouses (including the declaration of death), and the death benefit arises after the end of the marital relationship.

3.Death compensation is compensation for the close relatives of the deceased, not for the deceased himself, but for the reduction and loss of living resources caused by the death of the victim.

Death compensation is a consolation payment to the family of the deceased. Not part of the legacy. The plaintiff is not entitled to claim compensation for death.

Addendum: The plaintiff can sue for the debtor's estate to be paid off the debt, but the death compensation is not paid off as an estate.

If the debtor has other property, of course, the case can be filed.

It is not an inheritance and cannot be compensated with a death benefit.

The death benefit is not an inheritance, it is a compensation for the family of the deceased.

Death compensation is a consolation payment for the family of the deceased and is not part of the estate.

It is not an inheritance, and in nature, the fee is for the spiritual and living comfort of the deceased's close relatives.

It does not belong to it, but it will be divided according to the order of the first heir in line under the inheritance law.