How should the death compensation and other related expenses be divided after the death of my husban

The death compensation is not an inheritance, but the death compensation can be divided according to the order of inheritance (if there are first-order heirs, the second-order heirs cannot participate in the distribution) (generally it can be distributed equally).

The law does not clearly stipulate that, in general, the close relatives of the victim should be the subject of rights. This is because the Supreme People's Court's Interpretation of Several Issues Concerning the Trial of Personal Injury Compensation Cases provides the theory of loss of inheritance, because death compensation is not compensation for the life of the deceased itself, and life itself cannot and does not need to be calculated in money, but is compensation for the reduction of the victim's future inheritable property income suffered by the victim's legal heirs due to the victim's death, therefore, it is the indirect victim, that is, the close relatives of the deceased, who have the right to claim damages.

Note: The Supreme People's Court's Answers to Several Questions Concerning the Trial of Cases Concerning the Right to Reputation clearly stipulates that "close relatives include spouses, parents, children, siblings, grandparents, maternal grandparents, grandchildren, and maternal grandchildren. ”

Death compensation is the compensation received by the family of the deceased after the death of the deceased, not by the deceased himself before the death of the deceased, so it does not belong to the estate, but in practice, it is generally handled with reference to the principle of inheritance. The distribution of death compensation is also different according to the different compensation items: among them, the actual expenses such as funeral expenses, transportation expenses, and accommodation expenses belong to the actual payer, and the death compensation and mental loss expenses are in principle equally distributed by the deceased's first-order heirs (spouse, parents, children).

The living expenses of the dependents go to the person in need of dependents.

Legal analysis: It is generally divided by the spouse, parents and children of the deceased. Large compensation expenses include funeral expenses, living expenses of dependents, compensation for the death of one acre of death and other reasonable expenses.

The compensation for the death of the husband in a car accident is in the estate, and according to the relevant laws and regulations of our country, the compensation can be distributed equally. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Legal basis: Article 1130 of the Civil Code of the People's Republic of China The share of inheritance of 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 care of when distributing the inheritance.

Heirs who have fulfilled their primary obligation to support the deceased or who live with the decedent may receive an additional share of the inheritance when the estate 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.

If the husband dies in a car accident, the compensation will be divided reasonably according to the identity of the heir.

When the husband dies, there is already an identity in the family, that is, all his inheritance will be inherited by his first heir, and there will be a second heir to inherit it, and there will also be a third heir to inherit it.

The first heir is his wife, that is, the first inheritance in the relationship between husband and wife, the second heir is his children, that is, the inheritance in the father-son relationship, and the third heir is his parents, that is, the inheritance in the family relationship.

When he died, his family mourned him and held a funeral for him, and then all his assets were inherited by his family.

If he left a will, then he could inherit it according to his will, for example, if he divided his property into three parts, then his family thought it was reasonable, as long as the will was respected.

And this kind of compensation for his car accident is generally inherited by the family, and there is no need to share it to anyone, as long as the family is harmonious, then his wife is in charge of this compensation.

The compensation is a confession for the death of the husband, that is, a realistic compensation for the death of the husband, so this kind of compensation is managed by the wife.

Generally, this man's parents will not care about this kind of compensation, they will only feel that the loss of their son will be a kind of pain, and this life is the sorrow of a white-haired man, so he will never ask about the inheritance of his daughter-in-law.

Only if the daughter-in-law does not get along well with her husband in reality, the man's parents feel that the daughter-in-law is not eligible to inherit the indemnity, so they will ask for the indemnity to be shared between the two of them or to the elderly.

As long as the man's wife treats her husband and family sincerely, then the compensation will always be the woman's, because her mother-in-law and father-in-law will continue to worry about the family.

The compensation should be distributed according to the specific needs, and the living expenses of the compensation after the death of your husband need to be given to the dependents, that is, your own children and your own husband's parents, and then divided equally according to the proportion of the immediate family.

Under normal circumstances, when the husband dies, the daughter-in-law and children are the first heirs, followed by the husband's parents. The distribution of property may need to be negotiated by the family.

If such a problem arises, then it is determined by the corresponding laws and regulations, and she also has a certain proportion of compensation.

Summary. The distribution subject is the person entitled to compensation for the death compensation. Since the nature of the death benefit is property damage, its content is compensation for the expected income of the deceased's family as a whole.

Therefore, the person entitled to compensation first refers to the close relatives within the scope of the family members living with the deceased, that is, the first-order heirs, i.e., spouses, parents, and children, and only when the first-order heirs do not exist at all, the inheritance begins to be carried out by the second-order heirs, i.e., siblings, grandparents, and maternal grandparents.

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Hello, my husband died in a car accident and compensated his son and daughter-in-law, and they said it belonged to him.

How should the compensation and property be distributed?

The subject of distribution is the person who has the right to compensate for the death compensation. Since the nature of the death benefit is property damage, its content is compensation for the expected income of the deceased's family as a whole. Therefore, the person entitled to compensation first refers to the close relatives within the scope of the family members living with the deceased, i.e., the first-order heirs, and the sedan book is the spouse, parents, and children.

In the case of real estate, it depends on whether it is the joint property of the husband and wife.

Community property.

Is the compensation suitable for half of the son's one person, or?

If it is a joint property, you legally own half of the property, and half of your husband's property will be given to you and half will be given to your son.

What about compensation. My daughter-in-law said that he still had half of him, and that his grandchildren wanted it too.

If your husband's parents are still alive, it will be you, and your husband's parents and your son will share it.

Leave your daughter-in-law alone.

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