After the inheritance is used to pay off debts, there is no money to support the elderly

Supporting elderly parents is one of the obligations of every child, and it has nothing to do with whether the person has inherited the inheritance

1. If the party does not fulfill the maintenance obligation, the parents can sue the party to demand the performance of the maintenance obligation;

2. If the deceased has debts during his lifetime, the debts should be repaid first, and the rest can be inherited, and the repayment of debts is limited to the inheritance left by the decedent, and the heirs are not subject to voluntary repayment.

1. The Constitution stipulates that adult children have the obligation to support and support their parents. China's Marriage Law also stipulates that children have the obligation to support their parents, and when children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand maintenance from their children;

2. The main content of maintenance and support refers to the fact that under the existing economic and social conditions, children should provide their parents with necessary daily necessities and expenses economically, and should respect, care and take care of their parents in life, spiritually and emotionally;

Adult children who can afford it, regardless of gender, married or unmarried, shall make every effort to fulfill this obligation in accordance with the law until the death of their parents when their parents need support;

3. The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adoptive child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education;

4. In order to protect the legitimate rights and interests of the dependents, the Marriage Law stipulates that when the children do not perform the maintenance obligations, the parents who are unable to work or have difficulties in life have the right to demand the payment of alimony to the children. Those who refuse to perform may be resolved through litigation, and where the circumstances are heinous and constitute a crime, their criminal responsibility is to be pursued in accordance with law;

5. The Marriage Law stipulates that grandchildren and grandchildren who can afford it have the obligation to support their grandparents and maternal grandparents whose children have died;

6. This kind of maintenance is conditional, that is, the grandchildren and grandchildren must be able to afford it, and the grandparents or grandparents' children have died.

Article 33 The inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with law, and the payment of taxes and debts shall be limited to the actual value of his estate. 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 may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

Article 34 The execution of a bequest shall not hinder the repayment of taxes and debts that the legatee shall pay in accordance with law.

It's better to die than you, you don't even support the old people in your family, do you still have a face when you live?

Legal Analysis: Yes, every child has an obligation to support the elderly. The supporter shall not refuse to perform the obligation of support on the grounds of waiver of the right to inheritance, changes in the marital relationship of the person being supported, or other reasons.

If an heir who has the ability to support and the conditions for support at the same time does not fulfill the obligation to support, the inheritance shall be distributed without or less.

Legal basis: Civil Code of the People's Republic of China

Article 26: Parents have the obligation to raise, educate, and protect their minor children.

Adult children have an obligation to their parents to support, support and protect them.

Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

If the child does not support the elderly, it is still possible to receive a share of the property. Those who do not support the elderly or have a relatively small obligation to support the elderly should be morally condemned, but from a legal point of view, such a person does not necessarily have no right to inherit. Generally speaking, in the case of not supporting the elderly, but there is no evidence to prove that he has harmed the elderly, such "unfilial" children still have the right to inherit.

In this case, when distributing the estate, the elderly can claim that they have fulfilled their main obligation to support the elderly, and ask for an appropriate share of the inheritance.

1. How to solve the problem of children not supporting the elderly in rural areas.

If the children do not support the elderly, the elderly can seek help from the local village committee, the public security bureau, the women's federation and other institutions and request mediation.

If the mediation fails or the child does not perform the agreement, the elderly can sue the court to require the other party to perform the maintenance obligation or enforce the maintenance agreement.

If a child fails to support the elderly and causes serious injury to the elderly, it may constitute the crime of abandonment. The elderly may report to the public security bureau and request the court to determine the other party's crime of abandonment through a public security organ prosecution or a private prosecution, and the court will convict and punish the suspected abandonment.

2. What kind of laws and regulations will the son be subject to if he does not adopt his parents?

The penalties for a son who does not adopt his parents are as follows:

1. If the son does not support the elderly, and the circumstances are serious, it constitutes the crime of abandonment, and he bears criminal responsibility in accordance with law. sentenced to fixed-term imprisonment of not more than five years, criminal detention or controlled release;

2. The adult son has the obligation to support the parents who are in difficulty, and when the son does not fulfill the maintenance obligation, the parents have the right to demand that the son pay alimony;

3. Deprived of the right to inherit the inheritance of the parents' estate. Those who abandon the decedent lose their inheritance rights.

When the elderly encounter maintenance problems, they can first apply to the local village committee or neighborhood committee for mediation. When mediation fails, a lawsuit is filed with the court to recover alimony.

Article 1122 of the Civil Code provides that an estate is the personal lawful property left behind by a natural person upon his death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1125 of the Civil Code If an heir commits any of the following acts, he shall lose the right of inheritance:

1) Intentionally killing the decedent;

2) killing other heirs for the purpose of competing for an inheritance;

3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

Where the heirs have the conduct in items 3 through 5 of the preceding paragraph, and have truly shown repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose the right to inherit the orange acacia thoughts.

Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

If there is no support for the elderly, the inheritance can be obtained, and if there is no support for the elderly, if the legal heirs of the elderly are also the legal heirs of the elderly, they also have the right to inherit, but according to the Civil Code of the People's Republic of China, when the inheritance is distributed without supporting the elderly, there should be no attack or less distribution.

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 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. If the heirs agree through consultation, they may also not be equalized.

Not all family dependents can divide the elderly's estate.

The estate of the elderly is handled in accordance with the following principles: if there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

If there is no will, it will be handled in accordance with the statutory inheritance.

It is the duty of every child to support the elderly, so the children must support the elderly. If the maintenance obligation is not fulfilled in practice, the right of inheritance cannot be deprived, but the inheritance can be divided less or no at all.

1. Can the legal heirs inherit all the property distributed by the inherited will?

After the commencement of inheritance, it shall be handled in accordance with the legal inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it is to be handled in accordance with the agreement. It can be seen from this legal provision that among these types of inheritance, the bequest and maintenance agreement is the most preferential, followed by testamentary succession and bequest, and finally statutory inheritance. In the three types of inheritance, if multiple inheritance methods coexist, and there is no conflict between them, the inheritance shall be carried out in their respective ways, and in the event of a conflict between two or even three of them, then within the scope of the conflicting inheritance, the inheritance shall be carried out in accordance with the applicable order described above.

That is to say, for the inheritance of a citizen's property, if the owner of the property made a will before his death, as long as the will is legally valid, it must be inherited according to the will, and no longer according to the legal inheritance. Spring infiltration.

2. The way in which minors inherit their father's estate.

Minor children inherit their father's estate by testamentary or statutory succession. If the will designates a minor child to inherit, the minor child is the heir, and if there is no will or bequest maintenance agreement, the minor child and the decedent's spouse and parents may inherit the estate as the first heir. According to the Civil Code of the People's Republic of China, after the commencement of inheritance, the statutory inheritance shall be handled.

If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

The estate is inherited in the following order:

1. The first order is spouse, children, and parents;

2. The second order is siblings, grandparents, and grandparents.

Article 1127 of the Civil Code.

The estate is inherited in the following order:

1) First order: spouse, children, parents;

2) 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 inherit; If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

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