How one parent dies, spouse and children bear the costs

When distributing death compensation, it shall be reasonably distributed according to the distance of the relationship between the right holder and the deceased, the degree of closeness of living together, and taking into account factors such as their respective economic conditions. Article 16 of the Tort Liability Law of the People's Republic of China and Articles 17 and 18 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulate that if the victim suffers personal injury and dies, the compensation obligor shall compensate for the funeral expenses, the living expenses of the dependents, the death compensation, the solatium for mental damages, and other reasonable expenses such as lost work and loss of work incurred by the victim's relatives in handling funeral matters. First of all, the death indemnity does not belong to the estate of the deceased.

According to the provisions of China's Inheritance Law, the inheritance is the personal legal property left by the citizen when he dies, and the death compensation is the expenses paid by the compensation obligor according to law after the death of the citizen, so the death compensation should not be recognized as the estate of the deceased. Secondly, the death benefit is not part of the joint property of the husband and wife. Community property refers to the legal property acquired by one or both spouses during the existence of the marital relationship, and the relationship between the husband and wife has ended when the death compensation is paid.

Finally, according to the relevant judicial interpretations, the compensation received by a citizen for the death of a citizen due to bodily injury is the compensation of the obligor for the future loss of income of the victim's close relatives, which is generated after the death of the deceased, and has the nature of economic compensation and spiritual comfort, and does not belong to the scope of the estate, so the death compensation is not the estate of the deceased.

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 heirs in the first order are equally divided:

Spouse, parents, children. In the absence of the first-order heirs, or if the inheritance is completely renounced, the second-order heirs are divided equally: siblings, grandparents, maternal grandparents.

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: Death compensation is generated after the death of the victim and does not conform to the legal characteristics of the estate. Therefore, the division of the death benefit is different from inheritance.

In principle, the distribution of death compensation is to be jointly obtained by the members of the community who are fighting in family life, and where the parties do not request a division, the people's court does not take the initiative to divide it. Before dividing the death compensation, the funeral expenses actually paid should be deducted, and the interests of the former dependents should be given priority, and the distribution of the remaining part should be appropriately divided according to factors such as the proximity of the deceased, the closeness of living with the deceased, and the living **. The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job 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 stipulated by the social insurance administrative department, and if the heir clearly expresses the renunciation or transfer, his expression of intent shall be respected.

Legal basis: Article 6 of the State Compensation Law of the People's Republic of China Injured citizens, legal persons and other organizations have the right to claim compensation.

In the event of the death of a citizen who has been victimized, his heirs and other dependent relatives have the right to claim compensation.

Where the injured legal person or other organization is terminated, the successor of its rights has the right to demand compensation.

Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees 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 of the employee who died on the job 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 allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of 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.

Legal analysis: For the distribution of compensation for death and late death, it is theoretically not allowed to be inherited as personal legal property, but the death compensation is given to the close relatives of the deceased or compensation, and the distribution of compensation for death compensation is not clearly stipulated in China's law, which is distributed according to the inheritance in real life, and the parties and their close relatives can be distributed according to the inheritance chapter of the Civil Code. The order of inheritance is as follows:

First order, spouse, children, parents. In the second order, siblings, grandparents, maternal grandparents. After the start of the succession, the heirs in the first order inherit and the heirs in the second order do not.

If there is no first-order heir, the second-order heir shall inherit. The share of inheritance inherited by heirs in the same order shall be inherited equally. However, if you have a physical illness or go to school, you can get more points.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China.

The estate is 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 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.

"Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters of the same mother or mother, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Article 1122.

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.

Hello, if there is no will, the inheritance ratio of the death benefit is as follows:1Spouse:

30-50%。As co-maintainers of the family economy and caregivers of survivors, spouses usually receive a larger percentage of the indemnity inheritance. 2.

Minor children: 20-40%. In order to ensure the needs of child support and education, minor children will also receive a larger inheritance ratio.

If the number of children is large, it will also be around 30%. 3.Adult children:

10-30%。The proportion of children who are financially independent will be relatively small, but a certain proportion of them will be required to maintain their basic livelihood, usually between 10-20%. If there are more children, it will be around 20-30%.

Chaos Land 4Parents: 5-15%.

Parents also have certain inheritance rights as legal heirs, but they usually get a smaller share, which is mainly used for basic living needs. If there is a need for maintenance or advanced age, it can be between 10-15%. Otherwise it is normal at 5-10%.

5.Other heirs: 5% or less.

For example, grandparents, siblings, etc., the inheritance share is usually smaller, around 5% or less.

The law does not specifically stipulate the issue of the distribution of death benefits between parents and spouses and children. There are no provisions on the distribution of death compensation in China, and parents, spouses and children can negotiate and deal with it, and if the negotiation fails, they can request the help of the people's court, and the people's court will generally allocate the death compensation according to the specific circumstances of the parents, spouse and children, as well as the dependence on the victim.

Legal basis: Article 15 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.

Death compensation shall be calculated over a period of 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; If the 70 hand potatoes are over 5 years old, they will be counted as five years.

A child who has died of one parent may be raised by the other parent or by a grandparent. Where there are no grandparents or grandparents, or where the grandparents are unable or unwilling to support them, the elder brother or sister who can afford it has the obligation to support the minor brother or sister whose parents have died or whose parents are unable to support them.

Article 1074 of the Civil Code of the People's Republic of China.

Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.

Grandchildren who can afford it have the obligation to support their grandparents or grandparents whose children have died or whose children are unable to support them.