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Is the maintenance of the unit the maintenance that belongs to my father - belongs.
Do I have a share of my grandfather's estate, my mom and my sister – if your grandfather didn't have a will-named heir or didn't donate or bequeath the property to another person or organization. You and your sister have the right of subrogation, and your mother should also receive a portion of the inheritance if she fulfills her obligation to support the elderly.
If my grandfather has now made a will or declared that his estate does not have my share and my sister's share, then can I stop paying alimony to my grandfather - no, unless the old man has a bad lifestyle and is morally corrupt. Otherwise, you will lose the lawsuit.
In addition, whether the time when my grandfather made the will, whether it is valid, etc., has anything to do with the time of my father's death - your grandfather has the right to dispose of his property. As long as he wants you to make a will, it will be valid regardless of the time (if you have made multiple wills without notarization, the last will will takes precedence.) Whether the will is valid depends on whether the content of the will complies with the laws and regulations of the country, and if the will does not violate the laws of the country and social morality, the will is deemed valid.
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Hello. You and your sister can inherit your grandfather's estate through subrogation, and your mother can inherit your grandfather's estate as a first-order heir if she fulfills her obligation to support your grandfather on your father's behalf.
The alimony paid by the employer is not equal to your alimony obligations.
Regardless of whether your grandfather deprives you and your sister of the inheritance, you cannot stop the maintenance obligation to your grandfather, because the maintenance obligation is a statutory obligation and has no causal relationship with the inheritance.
If your grandfather has full civil capacity at the time of making the will, then the will he made is valid. For different wills, the last one shall prevail, but a notarized will is more effective than a notarized will.
Hope the above helps.
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If your grandfather has written a will, then the inheritance will go according to the will, if there is no will, then go according to the law, you can subrogate your father's share of the property. It doesn't matter when your grandfather's will was written. You have no right to ask your father's employer not to give you alimony from your grandfather.
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There is no direct relationship between inheritance and maintenance obligations, since children themselves have a legal obligation to support their parents, and the purpose of supporting parents cannot be to inherit the estate, let alone refuse to support their parents on the grounds of renunciation of inheritance.
If the child has the ability to support but does not fulfill the obligation to support, the inheritance should be divided with less or no share. So if you don't support your parents, you may not be able to share the inheritance.
Affordable adult children, regardless of gender, married or unmarried, shall do their best in accordance with the law to fulfill this obligation until the death of their parents when they need support.
Parents who are unable to work or have difficulties in living have the right to demand maintenance from their children if they fail to fulfill their maintenance obligations.
1. Do persons with disabilities have to bear the obligation to support?
A disabled person is required to fulfill the obligation of support, provided that the disabled person is of the age of majority and has not lost the capacity to support him. The law stipulates that adult children have an obligation to support, support and protect their parents. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
Therefore, it is the legal obligation of an adult disabled child to support his or her parents, and he or she may not refuse to support his or her parents as long as he or she is able to do so.
2. Do children have the obligation to support their parents?
Adult children do not have an obligation to support their parents, but to support them. The law stipulates that adult children have an obligation to support, support and protect their parents. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
At the same time, the law stipulates that children may not refuse to support their parents on the grounds of renunciation of inheritance.
Article 19 of the Law on the Protection of the Rights and Interests of the Elderly provides that a supporter shall not refuse to perform his or her obligation to support on the grounds of renunciation of inheritance rights or other reasons. If the supporter fails to perform the maintenance obligation, the elderly person has the right to demand that the supporter pay alimony.
The caregiver shall not require the elderly to undertake work beyond their means.
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Legal analysis: 1. According to the law, the children who have fulfilled the main maintenance obligation can claim more than one share, and the specific amount needs to be resolved through negotiation, and if the negotiation fails, they can sue the court.
2. If the widowed daughter-in-law has fulfilled the main maintenance obligation to her father-in-law and mother-in-law, or the widowed son-in-law to her father-in-law and mother-in-law, regardless of whether she has remarried or not, she can participate in the distribution of the estate as the first-order heir, and the distributed share can be divided equally or negotiated between the heirs.
Legal basis: Civil Code of the People's Republic of China
Article 1127 Inheritance shall be inherited in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
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.
Article 1130:Heirs who have fulfilled their primary obligation to support the decedent or who live together with the decedent may receive an additional share of the inheritance when distributing it.
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Legal analysis: The Civil Code provides detailed provisions on the issue of supporting the elderly and the distribution of inheritance, mainly including the obligation of adult children to support the elderly, as well as the priority of inheritance.
Legal basis: Civil Code of the People's Republic of China
Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, maternal grandparents. 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.
Article 128: Where the children of the decedent die before the decedent, the direct descendants of the decedent's children are to inherit by subrogation. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation. Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.
Article 1130:The share of inheritance inherited by heirs in the same order shall generally be divided into equal shares. Heirs who have special difficulties in living and lack the ability to work shall 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 receive more dividends when the estate is distributed.
If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.
Article 1131:Appropriate inheritances may be distributed to persons other than the heirs who rely on the support of the deceased, or to persons other than the heirs who support the deceased more.
Article 26: Adult children have the obligation to support, support, and protect their parents.
Article 1067:Where an adult child fails to perform the obligation to support, or the parents lack the ability to work or have difficulties in living, they have the right to demand maintenance from the adult child.
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The first order of heirs is equally divided: spouse, children, parents.
According to the law, it is a legal obligation for children to support their elders. China's Marriage Law stipulates that children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand alimony from their children.
The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education.
Whoever refuses to support while having an obligation to support, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.
Referring to article 261 of the Criminal Law of the People's Republic of China, the crime of abandonment is a case of refusal to support a person who is old, young, sick or otherwise incapable of independent living, and the circumstances are heinous, and is sentenced to up to five years imprisonment, short-term detention or controlled release.
Article 11 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall fulfill the obligation to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. Therefore, the complete maintenance obligation includes three aspects: material support, spiritual comfort, and life care.
First, housing for the elderly should be properly arranged, and the elderly should not be forced to move to houses with poor conditions. Children or other relatives must not encroach on the housing owned or rented by the elderly, and must not change the property rights or lease relationship without authorization. The caregiver has the obligation to maintain the owner's own home.
Second, the supporter shall not require the elderly to undertake work beyond their means.
Third, the supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights or other reasons. If the supporter fails to fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance. The freedom of marriage of the elderly is protected by law.
Children or other relatives must not interfere with the divorce, remarriage, or post-marital life of the elderly. The dependant shall not be eliminated by the change of the marriage of the elderly.
Fourth, children should not only support their parents, but also respect their parents, care for them, and provide support in all aspects of family life. When they are old, infirm, sick and disabled, they should be properly cared for, so that they can find emotional comfort and live happily in their old age.
At last! If a parent's wrongful behavior causes mental or physical harm to a child, does the child have an obligation to support the elderly parents?
Where, in the course of raising a child, some of their general wrongdoing has caused psychological harm to the child, the child shall conscientiously perform the obligation to support the elderly parents after the child reaches adulthood. However, if a parent commits a crime that seriously harms the feelings and physical and mental health of the child, in principle, he or she loses the right to demand support from the victim. These include:
Parents are guilty of killing their children, fathers are committing rape of their daughters, parents are guilty of abusing or abandoning their children, etc.
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1. According to the law, the child who has fulfilled the main maintenance obligation can divide the main family fluid, and the specific amount needs to be resolved through negotiation, and if the negotiation fails, the child can file a lawsuit with the court. 2. If the widowed daughter-in-law has fulfilled the main maintenance obligation to the father-in-law and mother-in-law, and the widowed son-in-law has fulfilled the main maintenance obligation to the father-in-law and mother-in-law, regardless of whether he has remarried or not, he can participate in the distribution of the estate as the first-order heir, and the share of the distribution can be divided equally, or it can be negotiated between the heirs.
Legal basis
Article 1130 of the Civil Code provides that an heir who has fulfilled the main obligation to support the decedent or who lives with the decedent may divide the inheritance more than he or she may do.
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First, about the will:
1. Inheritance begins with the death of the decedent;
2. If the decedent has made a will, its effect is higher than that of statutory inheritance;
3. If there is any objection to the will made by the decedent, it should be submitted before the decedent's death;
4. If the decedent refuses to change the will, he can sue the court to settle it.
Second, on maintenance:
1. It is the responsibility and obligation of every adult child to support their elderly parents, which is without any strings attached;
2. Every parent has the responsibility to raise their minor children;
3. The relationship between stepchildren and stepparents shall be handled in accordance with the provisions of Article 27 of the Marriage Law of the People's Republic of China;
4. If both parties fail to fulfill each other's responsibilities and obligations, the other party can sue to protect their rights;
5. If necessary, you can hire a professional lawyer**.
Article 2 Inheritance begins when the decedent dies.
Article 5 After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 16: Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may designate an executor.
A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs.
Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs.
Article 20 The testator may revoke or change the will he has made.
If there are several wills and the contents conflict, the final will shall prevail.
Self-written, scrivener, recorded, or oral wills shall not be revoked or changed.
Article 21: Where there are obligations attached to testamentary succession or bequest, the heirs or legatees shall perform the obligations. Where a person fails to perform his obligations without a legitimate reason, the people's court may revoke his right to receive the inheritance at the request of the relevant unit or individual.
Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.
In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
Hello, if there is no will, as long as it belongs to the first heir (living parents, spouse, children) have the right to inherit, but if the maintenance obligation is not fulfilled, the inheritance can be appropriately reduced.
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