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Since you are the beneficiary of the enterprise annuity, you still have the right to benefit after the divorce, and you also have the right to inheritance.
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If the beneficiary of the writing is you, and it has not been amended after the divorce, you have the right to inherit.
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If you are divorced, you have already divided your joint property. Then your ex-husband has no inheritance rights for the business year. Surely you have already made the difference.
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This shouldn't be there, right? Because you, like your ex-husband, are divorced, you don't have any relationship, how can you still be an heir? Especially to fulfill you, you think too much.
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You are divorced and have no legal relationship, so you cannot inherit any of your ex-husband's property.
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Although you are divorced, the inheritance rights of the beneficiary of the enterprise annuity remain unchanged, as long as the enterprise contract agreement does not change the beneficiary, all matters are still the same.
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In fact, this Douyin should speak according to the contract, if the contract has a relationship between husband and wife, of course, this will also explain a point, after all, the story of eating with a bowl for five yuan can be reasonably distributed, but if you are divorced, it should be counted as having no relationship, but this should also be done according to the corresponding regulations, see what your contract was before?
This should also be communicated with your ex-husband, after all, your ex-husband is a legal person, can the corresponding provisions be terminated at any time?
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Hello! If you already have a divorce certificate, it can't be you anymore, unless you don't have any relatives. There is no Amitabha Buddha in the south!
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It's okay with you if you're divorced, do you think you'll have the right to inherit?
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Legal analysis: According to the relevant laws and regulations, if the ex-husband and ex-wife die after divorce, if no beneficiary is designated, the inheritance right of the pension should be exercised by the legal heirs. However, whether it has the right to inherit the pension needs to be analyzed on a case-by-case basis.
Legal basis:1Article 12 of the Marriage Law of the People's Republic of China: After divorce, the husband and wife shall dispose of each other's property in accordance with the law.
2.Article 19 of the Inheritance Law of the People's Republic of China: An heir shall not inherit the estate in accordance with the law under any of the following circumstances:
1) has died or has been declared dead before the death of the decedent;
2) the death of the successor was caused by his bigamy;
3) When the decedent dies and is sentenced to death or deprived of political rights, the heir must not inherit the decedent's estate in accordance with law;
4) The decedent and the heir divorce or declare it invalid, and the decedent expresses unwillingness to inherit his estate;
5) Other circumstances in which inheritance is not allowed in accordance with the provisions of law.
3.Article 29 of the Social Insurance Law of the People's Republic of China: Persons participating in basic pension insurance shall meet the retirement conditions stipulated in this law and enjoy basic pension benefits in accordance with the law.
To sum up, after the death of the ex-husband and ex-wife after the divorce, the inheritance right of his pension should be exercised by his legal heirs. The specific heirs shall be judged in accordance with the provisions of the Inheritance Law of the People's Republic of China.
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If the employee who paid the enterprise annuity has died, then the spouse can receive the balance of the individual enterprise annuity account that has not yet been paid, whether it is the first marriage, the second marriage or several marriages. As we know, the enterprise annuity is paid monthly and proportionally when the employee is employed, and received on a monthly basis after retirement. The establishment of a personal special account, cumulative interest, special funds, it can be seen that the enterprise annuity chain is the private property of the employee himself.
If the spouse of the employee dies, the spouse of the person who is the legal heir can inherit and receive the balance of the individual enterprise annuity account, regardless of whether it is a second marriage or not.
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It depends.
Article 14 of the Trial Measures for Enterprise Annuity After the death of an employee or retiree, the balance of his or her personal account for enterprise annuity shall be received by the beneficiary or legal heir designated by him or her in a lump sum.
Article 10 of the Inheritance Act.
The inheritance is carried out in the following order.
First order: spouse, children, parents.
Second order: Brother Chenchun siblings, grandparents, maternal grandfather and mother.
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 refers to elder brothers, including siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a relationship of support.
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