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No. A pension is not an inheritance, it is a fund for a specific purpose, with a specific beneficiary, and only a specific person can receive it (such as parents, minor children, dependents who are unable to work, etc.).
Debts are to be repaid with an estate, and if there is no estate or the estate is insufficient, the debts left behind during the lifetime are legally relieved. To put it simply, if the inheritance is insufficient, you will pay back as much as you want, and if you can't pay it back, you don't have to pay it back.
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Yes, this situation is legally supported, and the individual's debts can be repaid using the pension, and the rest is divided.
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The pension is compensation for the heirs and cannot be used to pay off debts, but can be repaid with other property of the deceased.
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No, the first thing is the choice of heirs, the inheritance and debts are inherited at the same time, if no one is willing to inherit, the assets can be liquidated and the debts can be repaid.
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Yes, the debt can be paid off first and then divided.
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A bereavement pension is a fee paid to the disabled and the family of the deceased.
And of course you can use half of your pension to pay off the debt he owes when he dies.
But there is also a problem with this once you should consult with your siblings at home before paying off your debts with your pension, or negotiate.
Ask for their opinions, see what they mean, and you can use them if you don't have an opinion.
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It can also be used for debts owed.
Other debts can be paid from the estate, and if the family is unwilling to repay, the inheritance is limited.
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Father's debt is repaid by the son. The blood money can be used as collateral for debts. The debts that cannot be paid are borne by the son.
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The pension cannot be used only to repay the debts of the deceased, the debts of the deceased should be repaid by the heirs within the scope of the inheritance, and the pension does not belong to the estate of the deceased, and the debts beyond the scope of the estate are not required to be repaid by the heirs.
1. How to deal with bank debts when the borrower dies.
1. Recover from the spouse of the deceased. In the event of the death of one of the husband or the wife, the surviving spouse shall be jointly and severally liable for the joint debts incurred during the existence of the marital relationship. If you do not know that there was an agreement between the deceased and his spouse that the property during the marriage would be owned by each other, you can demand payment from the deceased's spouse.
2. In principle, the debts owed by the deceased during his lifetime shall be repaid from the estate of the deceased. The heirs are also obligated to pay off the debts while inheriting the estate of the deceased. Unless the heirs renounce the right of inheritance, the debts of the deceased during his lifetime shall be repaid by the other heirs.
Therefore, you can also ask the deceased's heirs and family members to settle the deceased's debts within the scope of the inherited property.
3. If others are willing to repay, whoever is willing to pay it back.
2. How to deal with the estate of a natural person's death.
The estate of a natural person who dies shall be handled in the following manner: after the death of a natural person, if there is a bequest and maintenance agreement, the estate shall be inherited by the guardian. Where there is a will or bequest, the estate is inherited by the heir or legatee, and there is no legal heir to inherit.
After the death of a natural person, the debts shall be repaid by the heirs within the scope of the inheritance, and the inheritance accepted is that the deceased has 10,000 yuan during his lifetime, and the heirs only need to accept the inheritance of 10,000 yuan of debts, and the inheritance of 10,000 yuan can repay the debts, and the excess is not liable.
3. What should I do if my father dies and debts are disputed.
As to how to deal with the dispute over the debts of the father's death, if the heir inherits the estate of the deceased, he inherits his debts at the same time, and the taxes and debts that the deceased should pay according to the law shall be paid, and the payment of taxes and debts shall be limited to the actual value of his estate. The portion exceeding the actual value of the estate is not subject to this restriction if the heirs voluntarily repay it. If the heir renounces the inheritance, he or she may not be liable for repayment or defense of the taxes and debts that the deceased should pay according to law.
Article 1161 of the Civil Code.
The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law within the actual value of the inheritance. 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 shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.
Article 1162.
The execution of the bequest shall not prevent the payment of taxes and debts payable by the legatee in accordance with the law.
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No. The pension is a consolation for the living and cannot be used to repay the debts of the deceased, unless of course the right holder agrees. A bereavement pension is a fee paid by the State to the relatives of a deceased person after the death of the deceased.
The state disburses such expenses for the purpose of giving preferential care and relief to the families of the deceased, especially to those minors who depend on the deceased for their livelihood and relatives who have lost the ability to work, and it reflects the material assistance provided by the state to the laborers.
1. The pension is paid to the pension of the department.
The pension is paid by the Social Security Administration. Pension is a fee paid by state organs, enterprises, public institutions, and collective economic organizations to the family members of the deceased or disabled employees. When a worker or employee is determined to be disabled due to work-related injury, and is completely unable to work due to work, and retires, and needs assistance in food and daily life, a work-related disability pension shall be paid until death.
If a person who is completely incapacitated and unable to work and retires from work, and does not need assistance in food and daily life, shall be paid a work-related disability pension until he or she recovers from labor or dies. In the event of the death of a worker or employee due to work, a monthly pension shall be paid to the immediate family members according to the number of immediate family members supported by the worker until the dependent loses the conditions for support. China also stipulates that there are pensions for revolutionary disabled servicemen, pensions for revolutionary servicemen who have died of sacrifice and illness, and pensions for the death of national starvation workers.
2. How to inherit the pension?
The pension is not inheritable. Death pension is a subsidy and assistance provided by state organs, enterprises and institutions to the family of the deceased, which is generated after the death of the deceased, rather than the personal legal property left behind at the time of death. Personally owned property and other property rights and interests that can be inherited by law at the time of the decedent's death, including positive and negative inheritances.
Positive inheritance refers to the property enjoyed by the deceased during his lifetime and other legal rights and interests that can be inherited, such as property rights and interests in copyright. The scope of the estate is mainly the means of subsistence, but also includes the means of production that the law allows individuals to own.
3. What should be the distribution of the pension?
The pension is distributed as follows:
1. By its nature, a death benefit is a spiritual consolation to the next of kin of the deceased, and all or most of the close relatives should be taken into account. In the specific distribution, the order of inheritance shall be referred to;
2. According to the original intention of the state to issue death pensions, the issuance of death pensions is to show the state to show material help to the people who are tired and to help the relatives of the deceased, especially the minors who depend on the laborers and the relatives who have lost the ability to work. Encourage people with superior living conditions to receive less or no distribution, and provide more support to those who are unable to work or economically poor, so as to fully realize their economic assistance functions;
Article 1159 of the Civil Code provides that the division of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.
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The pension cannot be used to repay the debts of the deceased, and the pension is a consolation for the living and cannot be used to repay the debts of the deceased, unless of course the right holder agrees. The Tam Tsai pension is a fee paid by the state to the relatives of the deceased after the death of the deceased.
Legal basis] Article 1159 of the Civil Code, dividing the estate, Lu File shall pay off the taxes and debts that the decedent should let Wang Dang pay in accordance with the law;However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.
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The pension is not used to repay the debts of the deceased, because the pension is not an inheritance, but a living allowance given by the deceased's unit to the close relatives and dependents of the deceased after the death of a citizen. Therefore, it cannot be used to pay off civil debts. An estate is a personal legal property left behind by a natural person upon his or her death.
1. The compensation for the death of a traffic accident shall be based on the amount of the estate.
The death benefit for traffic accident compensation is not an inheritance. According to the regulations, inheritance refers to the personal legal property left by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
The death compensation is not the personal legal property of the deceased, but the uproar cost of the perpetrator to compensate the victim's family.
2. Is the compensation for accidental death an inheritance?
Relatives of victims who die as a result of a traffic accident can receive death compensation. Death benefits are not an inheritance. The estate is the personal legal property left by the deceased during his lifetime, and the death compensation is compensation for the moral damage of the deceased's relatives, which is the property of the deceased's relatives and does not belong to the inheritance.
Death compensation is the property loss paid by the compensation obligor to the victim's close relatives or legal heirs after the death of the victim.
3. Is the traffic accident death compensation an inheritance?
Death benefits in traffic accidents are not an inheritance. The estate is the personal legal property left by the deceased during his lifetime, and the death compensation is compensation for the moral damage of the deceased's relatives, which is the property of the deceased's relatives and does not belong to the inheritance. Death compensation is the property loss paid by the compensation obligor to the victim's next of kin or legal heirs after the death of the victim.
Article 1122 of the Civil Code of the People's Republic of China.
An estate is a personal legal property left behind by a natural person upon his or her death.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
Article 1045.
Relatives include spouses, blood relatives, and in-laws.
Spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren are close relatives.
Spouses, parents, children and other close relatives living together are family members.
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A bereavement pension is a fee paid by the State to the relatives of a deceased person after the death of the deceased. The state disburses such expenses to give preferential care and relief to the families of the deceased, especially to those minors who depend on the deceased for their livelihood and relatives who have lost the ability to work.
Legal basis: Article 1159 of the Civil Code of the People's Republic of China The division of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law;However, the heirs who lack the ability to work and have no livelihood should leave the necessary inheritance.
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