How pensions, funeral expenses, and children are distributed

Hello! If there is a designated bereavement recipient, it shall be enjoyed by the designated bereavement recipient; If no bereavement recipient is specified, it is usually divided equally among the legal heirs.

Funeral expenses are not within the scope of inheritance, and the testator can only dispose of the personal property that he legally owned during his lifetime. Funeral expenses, pensions, etc. are all property with special purposes after death, specially used to pay for the funeral expenses of the deceased or the spiritual comfort of the family, so they do not have the nature of personal property, and the testator naturally cannot dispose of these properties in the will, even if they are disposed of in the will, then this act is invalid. However, the personal property legally owned by the elderly during his lifetime shall be executed according to the will, and if there is no will, it shall be inherited according to the law.

According to the provisions of the Inheritance Act, the funeral expenses are first paid by the estate of the deceased, and if the estate of the deceased is insufficient to pay the funeral expenses, the heirs of the deceased bear the shortfall.

Funeral expenses are related expenses incurred by the close relatives of the deceased when handling the funeral affairs of the deceased, generally including corpse transportation expenses, cremation fees, farewell ceremony fees, urn purchase fees, ashes storage fees, etc. The funeral expenses paid by the deceased's unit are a kind of economic help for the relatives of the deceased to handle funeral affairs, and it is used to solve the practical difficulties encountered by the deceased's family in the funeral expenses.

The burial of the deceased is the obligation of close relatives or heirs of the estate, and it is also the moral requirement of public order and good customs in our country, and letting the deceased rest in peace is also a kind of comfort to the relatives of the deceased. The funeral expenses paid by a relative or heir may be deducted from the funeral expenses paid by the unit, and if the funeral expenses paid by the unit exceed the actual expenditure, the excess part may be reasonably divided with reference to the principles of estate treatment in the Estate Law.

The burden of the deceased's funeral expenses should be determined according to different circumstances: first, when the deceased has a tortious relationship, work-related injury insurance relationship, labor contract and employment relationship, social insurance relationship, etc., there are items for the payment and bearing of the funeral expenses, which shall be used in accordance with the principle of non-compensation and non-refund. Second, it is paid out of the deceased's estate, and if there is no inheritance, the deceased's heirs bear it.

Legal analysis: Funeral expenses and pensions are generally not distributed, because the pension is a fee paid to the disabled or the family of the deceased, and is used to give preferential care and relief to the family of the deceased, especially to care for those minors who rely on the deceased to live and relatives who have lost the ability to work, and does not belong to the inheritance. Chapbo.

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

Article 1122:Inheritance is the lawful property left behind 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.

Article 1133: Natural persons may dispose of their personal property in accordance with the provisions of this Law, and may designate executors. A natural person may make a will to designate personal property to be inherited by one or more persons in the middle of the legal heirs. A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.

Legal analysis: for the distribution of pensions: the law does not clearly stipulate this, therefore, if the deceased's employer has provisions on the recipients of pensions, they will be dealt with in accordance with the regulations; If there is no provision for the recipient of the trip, it shall be a close family member.

The parties' request for the division of the pension is legally a division of the joint property. In terms of specific division, the parties shall negotiate to settle the matter, and if the negotiation fails, they may also file a lawsuit with the court. The court generally deals with the pension in accordance with the principle of equal division, and at the same time divides the pension according to the objective circumstances of each close relative, as appropriate.

For funeral expenses: funeral expenses are originally expenses incurred by the family of the deceased for the burial of the deceased, which are the actual expenses and should be given to the actual payer, and there is no question of inheritance.

Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 57: In cases where a people's court sues an administrative organ for failing to pay a bereavement pension, minimum living allowance, work-related injury, or medical social insurance in accordance with law, and the relationship between rights and obligations is clear, and failure to enforce it in advance will seriously affect the plaintiff's livelihood, it may rule to enforce it first on the basis of the plaintiff's application. If a party is dissatisfied with the ruling on prior enforcement, it may apply for a reconsideration once.

During the reconsideration period, the implementation of cutting and grinding is not stopped.

Legal Analysis: Although funeral expenses do not belong to the estate, they will be distributed in the order of the heirs of the estate. A person entitled to funeral expenses must have two conditions at the same time:

First, it must be the immediate family member or spouse of the deceased; The second is the person who was mainly or partially supported by the land during the deceased's lifetime. The specific division of death and funeral expenses shall be settled by the parties through negotiation, and if the negotiation fails, a lawsuit may also be filed with the court. Funeral expenses are generally handled by the courts in accordance with the principle of equal division.

Basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out in the following order: (1) First order:

spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the first-order heir, and the second-order heir will 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.

The funeral expenses in the pension and how the children are distributed need to be handled flexibly according to different circumstances:

1.Funeral expenses: According to the relevant regulations, the spouse or children are generally responsible for arranging and disposing of them, and if the family conditions are relatively comfortable, the burden can be appropriately reduced and the necessary financial support can be provided for family members.

If the family conditions are more difficult, the payment of funeral expenses can be given priority to ensure the normal conduct of the funeral.

2.Pension: It can be distributed according to the actual situation and needs of the child, in accordance with the consultation or the provisions of the law.

If the children's financial situation is relatively good, the financial burden of the spouse can be appropriately reduced and the spouse can be provided with necessary financial support. If the children's financial situation is more difficult, consideration may be given to distributing the pension equally among each child to supplement the family's living needs and improve the financial situation.

In short, how to distribute the funeral expenses and children in the pension needs to be handled flexibly according to the specific situation, and pay attention to the support and help of family members to tide over the difficulties together.