The distribution and maintenance of the elderly

Updated on society 2024-03-12
4 answers
  1. Anonymous users2024-02-06

    Maintenance is a legal obligation for children, and when parents are old, they need to fulfill the obligation to support. Maintenance refers not only to spiritual support, but also to material support, which requires the payment of alimony to accompany parents. So, how do the two sons support the elderly?

    Where parents have more than one child, they shall jointly bear the obligation to support and support their parents; The amount of each child's obligations shall be negotiated on the basis of each child's living and economic conditions. A child cannot be weighed against the degree of care and affection of his parents when he was young, or the amount of support he or she received when he or she got married. As for the form of support for parents, it may be determined on a case-by-case basis, and for children who are not with their parents, a certain amount of alimony may be paid on a regular basis; Children living with their parents should also always care for and take care of their parents' lives; When the parents are unable to take care of themselves due to illness, the children shall share the medical expenses, surgical expenses, hospitalization expenses, etc., and shall also bear the obligation to take care of and care for their parents.

  2. Anonymous users2024-02-05

    First of all, for your question, it is a legal obligation to support the elderly, and in addition, the maintenance agreement signed between your children is formulated between the children in order to better support the elderly and provide a good living environment for the elderly. It cannot be used as evidence of the division of the estate. The elderly have the legal right to dispose of the lawful property of the elderly, and they can completely dispose of it according to their own wishes.

    First of all, for inheritance, there is a will to inherit according to the will, and in the absence of a will, it is inherited according to the legal first-in-line heir, that is: spouse, parents, children. According to the provisions of the inheritance law, the heirs who have fulfilled the main maintenance obligation can inherit more of the old man's estate.

    Inheritance that has not fulfilled the obligation of maintenance may be divided into less or no inheritance.

  3. Anonymous users2024-02-04

    Supporting the elderly has nothing to do with the distribution of property, and how the elderly's property is distributed should follow the wishes of the elderly themselves. If the old man insists on dividing the property to a child who does not support him, it is not against the requirements of the law. If the old man dies without leaving a will, according to the legal inheritance, the children who have not supported the elderly can still receive the property, and the other children cannot be deprived of the right to distribute the property.

    However, for children who took care of the elderly more during their lifetimes, they can appropriately ask for more inheritance.

    Article 1130 of the Civil Code provides that the share of inheritance inherited by heirs in the same order as pure filial piety shall generally be equal. Heirs who have special difficulties in living and lack the ability to work shall be taken care of 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. (The Civil Code came into force on January 1, 2021).

  4. Anonymous users2024-02-03

    1. It is the legal obligation of children to support the elderly. The widowed daughter-in-law and widowed son-in-law who have fulfilled the main maintenance obligation will participate in the distribution as the first-order heirs.

    2. Where a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law and mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she shall be the heir in the first order.

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

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