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According to the provisions of the Inheritance Law of the People's Republic of China, if the deceased did not leave a legal will, his estate shall be inherited in the following order: first order: spouse, children, parents; Second order:
Siblings, grandparents, maternal grandparents. The children referred to in the first order of heirship include both legitimate and illegitimate children (i.e., illegitimate children), adopted children, and dependent stepchildren. They are equal in legal status and have equal rights to inherit the deceased's estate.
At the same time, if a widowed daughter-in-law has fulfilled the main obligation to support her parents-in-law or a widowed son-in-law to her parents-in-law, she may inherit the estate of her parents-in-law or parents-in-law as a first-order heir.
In the distribution of the estate, the heirs in the same order should generally inherit the same share. At the same time, China's law also stipulates that heirs who lack the ability to work who have special difficulties in life should be taken care of when distributing the inheritance; Heirs who have fulfilled their main obligation to support the decedent or who live with the decedent may divide the inheritance more; Heirs who are qualified but do not fulfill their maintenance obligations shall receive no or less share in the distribution of the estate.
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To put it simply, if the legal process is followed, the spouse of the deceased should receive 50% of the total assets, and the parents and children of the deceased should receive 50%.
If you take the family route, the family will consult. There is no distribution of property, but joint disposal!
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The mother shall divide half of the joint property, and the remainder shall be divided in four parts, for a total of the property.
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The mother shall be divided into half of their joint property, and the remaining mother and children shall be divided in four parts, unless there is a will.
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There are only two types of inheritance: testamentary and statutory.
If there is no will, there is only legal succession.
Mother, children are the first in line of succession.
Half by law ...
If you don't support the elderly, you should! Should! (It's punitive) less or no points.
Can live with the elderly! In order to! (Yes, oh, or not more) more points.
Don't worry, even if it's distributed to your mother, it's all yours sooner or later.
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If there is no will for the estate, according to the legal process, the estate belongs to the owner: first the spouse (i.e. your mother), if the spouse cannot inherit, then the children, then the parents, siblings, uncles, etc.
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It seems that all of them should be the mother's, and the first in this inheritance law should be the spouse! Then the children, the parents, and then the siblings!
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First the spouse....And then there are the children.
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Mom can divide it however she wants! I don't know if I'm a son!
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Well, do I think there's a difference between you and your mother?
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Legal analysis: In the event of the death of the father, the mother receives a pension of 40% of the father's salary during his lifetime. If the deceased's employer has provisions on the recipients of pensions, it shall be dealt with in accordance with the regulations; If there is no provision for the recipient of the benefit, it shall be a joint possession of close relatives.
Close relatives mainly refer to the deceased's spouse, parents, children, siblings, grandparents, grandchildren, and grandchildren. The parties' request for the division of the pension is legally a division of the joint property. Although the pension does not belong to the estate, it will be distributed in the order of the heirs of the estate, the first order is the spouse, parents, children, and the other people are the second order, and if there is no person in the first order, the pension will be distributed among the people in the second order.
Legal basis: "Regulations of the People's Republic of China 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 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. 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.
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When the mother dies, the mother's share of the father gets.
Hello, I'm honored to answer your <>
Based on your question "How much does the father get for the mother's share when the mother dies", the following is the result of my analysis from the perspective of legal appeal: According to the provisions of the Inheritance Law of the People's Republic of China, after the death of the mother, the mother's share will be inherited by the father, and the father will receive the mother's share of all the property. However, if the mother leaves a will and leaves part of the property to other relatives, the father's share of the inheritance will be reduced.
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Summary. Hello, according to what you said, if there is only one son, the father can get a third of the compensation and the son can get two thirds. If the decedent does not have a will, his estate will be inherited in accordance with the legal order of succession, and should be distributed to the spouse and children first, and the proportion of distribution between the spouse and the children is also clearly defined.
Mother's death compensation is divided between the father and the son, just one son, the mother's parents have died.
Hello, according to what you said, if there is only one son of the bad clan, the father can get one-third of the compensation, and the son can get two-thirds. If the decedent does not have a will, the estate of the decedent shall be inherited in accordance with the legal order of succession, and shall be distributed to the spouse and children first, and the distribution ratio between the spouse and the children is also clearly stipulated. <>
According to Article 37 of the Marriage Law of the People's Republic of China, spouses should support each other, work hard to keep the family, and jointly manage the family. In the event of the death of the wife, the husband may apply for compensation from the deceased's employer or relevant organization, or he may file a claim for compensation from the perpetrator or his insurer.
If the compensation is based on the perpetrator's insurance claim, etc., the compensation shall go to the victim's heirs.
The pain of leaving everyone will go through a painful period, this is the attachment to the person who has passed, but his brain is sober, he knows how to go in the future, just comfort and comfort more, what you say now will not help.
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If the mother's death and her father's property is joint property, then the mother's half of the estate will be divided equally between her children and spouses, and you have the right to divide the part that belongs to you, and the father has no right to give the property to the two grandchildren, because the father has no right to dispose of the part of the property that belongs to you.
Life and death are something that everyone has to experience. Bury these things from the bottom of your heart, don't think about it, first, we really can't make up for it, and secondly, the best way to believe in the tolerance of our elders is to live a good life and miss them once in a while, I hope that all we can recall are happy pictures. I think there's no way to be truly relieved, we will always think of them, so it's okay to think of those happy pictures, and when you can't control your emotions, finding a place to cry is the best release.