My husband died in a work injury, does his married daughter have the right to inherit

Married daughters have the right to distribution.

The compensation received by the employee for the death of the employee due to work-related death is not the estate of the deceased, but compensation for the loss of property of close relatives, so it cannot be inherited as an inheritance. Among them, the one-time funeral subsidy and the pension for dependent relatives have a clear direction and cannot be distributed as joint property losses. The only thing that can be allocated is a one-time work-related death benefit.

In judicial practice, the distribution of a one-time work-related death allowance is generally determined with reference to the scope of heirs in the Inheritance Law, taking into account the relationship with the victim, the ability to work and the degree of closeness to living together, and the principle of taking care of women and children. Spouses, parents, and children are the first-order heirs under the Inheritance Act and have the right to distribution. However, if the married children do not live with the deceased employee, they shall be given less than the children and spouses living together; Parents who have other children should also be given less points.

Supreme People's Court.

Reply on whether the compensation for death in an air accident can be treated as an inheritance".

2004) Min Yi Ta Zi No. 26.

Guangdong Provincial High People's Court:

Your court Yue Gao Fa Min Yi Petition Zi (2004) No. 1 "Instructions on Whether Death Compensation Can Be Treated as an Inheritance" has been received. After study, the reply is as follows:

Air crash death compensation is based on the compensation paid to the next of kin of the deceased by the deceased. The person entitled to receive compensation for death in an air accident is a close relative of the deceased, not the deceased. Therefore, the compensation for death in an air accident should not be recognized as an inheritance.

The above opinions are for reference.

March 22, 2oo5.

Of course. Children are also entitled to compensation and various damages up to the age of 18.

Spouse, children, first heir, and second parent.

Yes, including his children, parents.

Legal Analysis:1First, the statutory amount of work-related death compensation should be confirmed, and then the compensation should be negotiated with the employer. If the two parties cannot reach an agreement on the death compensation, they can apply for a work-related injury determination, and then the slag can protect their legitimate rights and interests through the labor arbitration procedure.

2.Those who die at work can get about 50-600,000 yuan in compensation, the father is over 60, the mother is over 55 and has no livelihood, and the mother can receive a monthly pension for supporting relatives until the death of the second old, and those with children can also receive a pension for supporting relatives according to the moon silver until they reach the age of 18.

Legal basis: Regulations on Work-related Injury Insurance》 Article 39 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 shall be 6 months of the average monthly wage of the employee 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 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 person or orphan who is alone 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 subsidy shall be 20 times the per capita disposable income of urban residents in the previous year. Where a disabled employee dies quietly due to 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.

This is legal common sense.

As compensation for the deceased's expected future income, the death compensation is not an inheritance and cannot be inherited, but it can be reasonably distributed with reference to the principle of division of the inheritance in the Inheritance Law. In principle, the death compensation can be distributed with reference to the provisions of the Inheritance Law. The death compensation shall be paid in accordance with the legal order of succession as stipulated in article 10 of the Inheritance Law, with the spouse, parents and children taking the lead.

As compensation for the deceased's expected future income, the death compensation is not an inheritance and cannot be inherited, but it can be reasonably distributed with reference to the principle of division of the inheritance in the Inheritance Law. In principle, the death compensation can be distributed with reference to the provisions of the Inheritance Law. The death compensation shall be jointly "inherited" by the spouse, parents and children as the first-order heirs in accordance with the legal order of succession as stipulated in Article 10 of the Inheritance Law.

If there is no first-order heir, the second-order heir will "inherit". Where the decedent's children die before the decedent, the descendants of the decedent's children are to be subrogated to "inherit". However, in the same order of succession, in principle, the amount of the death compensation shall be determined according to the closeness of the living together between the heirs and the decedent, and the principle that the same order shall generally be equal as stipulated in article 13 of the Inheritance Law does not apply.

It should be noted here that when formulating the Interpretation of Several Issues Concerning the Trial of Personal Injury Compensation, the Supreme People's Court took into account the spirit of the principle that the compensation items must be consistent with the provisions of China's current civil law, and broke down the content of compensation, that is, the compensation for the living expenses of the dependents in the past is still retained. The split of the death benefit should be appropriately balanced.

For example, according to the Opinions of the Shandong Provincial High People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases, the scope of distribution of death compensation is in principle limited to the close relatives of the victim (living together) at the time of the victim's death.

Example: Niu died in a traffic accident, and the party responsible for the accident paid Niu a death compensation. Niu's wife, Guo, withdrew the compensation from the traffic police brigade, and on the distribution of the compensation, Niu's first-order heirs, father (83 years old), mother (81 years old), wife (40 years old), and adopted daughter (11 years old), had a dispute, and Niu's parents sued the court to demand that the death compensation be divided according to law. In the course of the trial, two opinions were expressed on how to divide the death compensation.

The first opinion holds that it can be seen from Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases that the nature of the death compensation is compensation for the loss of future income, and its nature is compensation for property losses, and that Niu's parents are over 75 years old, and the death compensation should be calculated for 5 years each, and the death compensation for Niu's wife and adopted daughter should be calculated for 20 years each, and the death compensation should be divided by 50 and multiplied by each person.

Children and parents are one of the heirs.

However, the order of inheritance is spouse first, then children, and parents.

A more reasonable distribution plan is roughly 50% for spouses and 50% for children and parents.

The first heir is the spouse, the second is the children, and the third is the parents, but it is better for the spouse to give some money to the children and the parents

The legal first heir is the spouse, then the children, and then the parents.

The first indemnifier is the spouse and children. Then there are the parents.

Maybe there's no economy.

It seems that you are all the first compensators.

According to the law, regardless of whether the daughter is married or not, she has the right to inherit the property of her parents.

However, if there are sons or unmarried daughters in addition to daughters, the married daughters generally do not inherit themselves.

Because there is a suspicion of family relations here. Say this, and you'll understand.

Yes, you need to do a paternity test. Apply to the court.

As long as the daughter is over 18 years old, there is no compensation, all compensation goes to the spouse and her biological parents, and if there is a child under the age of 18, you can also get a copy.