If the child is over 18 years old, can the father s death benefit be inherited?

If the child is over 18 years old, the father's death compensation can be obtained in accordance with the law, and the death compensation, although it does not belong to the inheritance, is distributed in accordance with the provisions of the inheritance law. Legal basis:

Article 10 of the Inheritance Law of the People's Republic of China shall be inherited in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.

Article 13 The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life 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.

In practice, death benefits are not paid as an inheritance, but as damages to close relatives.

Yes, it has nothing to do with age, it has to be the eldest daughter, and the son is preferred.

Yes, inheritance has nothing to do with age.

Summary. Hello, it's not an inheritance, it's a distribution, because the death indemnity is not an inheritance.

If the child is over 18 years old, can the father's death benefit be inherited?

Hello, it's not an inheritance, it's a distribution, because the death indemnity is not an inheritance.

Oh, thank you for the deceased my brother who died in the hospital due to illness, can I not pay back the hospital fee owed.

Children are close relatives of the deceased and are entitled to distribution; Death benefits are paid to the next of kin of the deceased.

He died of illness without compensation.

Hello, as a brother or sister, you can not bear the medical expenses owed, and your parents, brother's wife and spouse will bear the payment, hello, does your brother have an inheritance? Such as real estate, vehicles?

If the elder brother has an inheritance, he needs to use the inheritance to pay off the debts before his heirs can inherit the estate.

The parents are over 65 years old, the children have just taken the college entrance examination at the age of 18 this year, and the wife is divorced.

My brother has nothing.

Hello, then the parents still have to pay for the medical bills;

Article 1161: [Principles for Repayment of Taxes and Debts of the Decedent] The heirs shall pay off the taxes, allotments, and debts that the decedent shall pay in accordance with law to the extent of the actual value of the inheritance obtained. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. If the heir renounces the inheritance, he or she may not be liable for the taxes and debts that the decedent should pay in accordance with the law.

Civil Code. Oh, thank you.

You are welcome.

Summary. After the work-related injury is successfully determined, you can request the employer to go through the work-related injury insurance process and claim the payment of the employee's six-month funeral allowance, one-time work-related death allowance, pension for dependent relatives and other compensation in accordance with the work-related injury insurance regulations.

Hello, I am a cooperative lawyer who consulted, I have received your question, and the current consultation person is more than Haha Please wait for 2 minutes, I am helping you solve the problem.

According to your description, it is debatable whether your Chun brother's relatives are in the case of work-related deaths. Since the requirement of the regulations on industrial fiber injury insurance is to die within 48 hours due to a sudden illness on the job during reasonable working hours and on the job, as long as the above conditions are met, even if the employee is personally injured on the body, it can be recognized as a work-related injury.

The main points of controversy are as follows, you can refer to the actual situation to Shenqiao to judge: first of all, sudden illness must travel to Zhou Meng during working hours and work, and going out for business is also included; The second is the 48-hour starting point, which is usually counted from the time of the initial visit to the medical institution.

After the work-related injury is successfully identified, you can request the employer to go through the work-related injury insurance process, and claim to pay the employee six months of funeral allowance, one-time work-related death subsidy, and pension for relatives who have lost their support in accordance with the regulations of the University of Technology.

The pension for dependent relatives is paid according to a certain percentage of the employee's own salary, and the relatives who are blind and unable to work during the death of the employee due to work, and the spouse can get 40% per month, and the other relatives can get 30% per month, but the total amount will not exceed the original salary amount. The funeral subsidy is six months of the average monthly wage of the employees in the overall area in the previous year.

The most important part of the compensation you can receive is a one-time work-related death allowance if the deceased is 60 years old, and the standard is 20 times the per capita disposable income of urban residents in the previous year.

That's the ratio of work-related deaths, dear.

Carry forward the silver hail of social justice, highlight the value of legal Zen, and maintain personal dignity, I am very happy to serve you, and if you have any questions, please come to the platform for consultation I wish you all the best! Have fun! He Bo accompanyed.

Legal analysis: The amount of compensation that parents can share in the compensation for the death of a son is proportional. If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the 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 other relatives, and 10% per month for each elderly or orphan who is lonely or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of 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 allowance shall be 20 times the per capita disposable income of urban residents in the previous year. The pension for dependent relatives belongs to whom, and the remainder is divided equally among the legal first-order heirs.

Legal basis: Whether the old injury of the injured employee stipulated in Article 36 of the Regulations on Work-related Injury Insurance needs to be submitted by the agreed medical institution of the injured employee, and if there is a dispute, it shall be confirmed by the Labor Ability Appraisal Committee. If an employee dies on the job, the eligibility of his dependent relatives to enjoy the pension for hardship shall be determined according to the conditions under which the employee dies on the job.

Legal Analysis: After the occurrence of a work-related injury, when the work-related death of the worker and his surviving family members receives work-related injury compensation, the work-related injury insurance agency shall pay a one-time compensation as economic compensation for the special living difficulties caused by the sudden interruption of wage income caused by the work-related accident. In addition to the payment of a lump sum compensation, long-term compensation should be paid to the victim or the surviving family members who are dependent.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5. If you are unable to take care of yourself, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 4 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.