If a daughter does not inherit her parents property, does she not have to provide for her parents?

Updated on society 2024-06-21
18 answers
  1. Anonymous users2024-02-12

    Girls do not inherit their parents' inheritance, and they also need to provide for their parents; The basis is that children are treated equally and need to provide for their elderly parents to die, which is stipulated in our country's inheritance law and has a clear legal basis.

  2. Anonymous users2024-02-11

    No, according to the laws of the country, the daughter is the legal heir, but she should also support the elderly. Supporting the elderly is the duty and responsibility of children.

  3. Anonymous users2024-02-10

    This is not the case, and the basis is that article 32 of the Maintenance Act stipulates that a daughter cannot refuse the obligation to support her parents without any reason.

  4. Anonymous users2024-02-09

    No, the basis is that whether you inherit or not, you are the daughter of the other party, and you should bear the responsibility of supporting the elderly.

  5. Anonymous users2024-02-08

    Yes, Article 21 of the Marriage Law stipulates that parents have the obligation to raise and educate their children, and children have the obligation to support and 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. Therefore, it can be seen from this that even a married daughter needs to bear the obligation to support her parents.

    How to say it, in fact, whether it is a daughter or a son, the law has the obligation to support their parents, and they also have the right to inherit the inheritance of their parents. Generally, the son supports and the son inherits, but this is only possible when the daughter does not fight for the inheritance and the son and daughter have no disputes. If the son does not support the elderly, the daughter should support her.

    Regarding inheritance: As long as the old man does not have a will, both sons and daughters have the right to inherit. If the son is qualified but does not support him, he shall not share or share the inheritance; If the daughter supports more, she should share more of the inheritance.

    In addition, raising children is to prevent old age, and children are destined to provide for their parents in the future from birth, just as parents should do their best to raise their children from birth. Therefore, if the daughter does not provide for her own pension, the parents can directly sue her in court and ask the court to order the daughter to fulfill the pension obligation in a timely manner and pay alimony. For the elderly who are living and in difficulty, they can also directly apply to the court for advance payment, and before the case is concluded, the court can directly require the children to pay a certain amount of money to the elderly for the elderly.

    Supporting parents is both a moral and a legal obligation of citizens. The grace of fertility is greater than that of man, and the grace of nurturing is greater than that of heaven. Putting aside legal issues, from the moral aspect, shouldn't we take care of our parents who have raised and educated us in life and financially to ensure that the old age is supported and depended on?

    Lambs kneel and crows feed back, animals are still like this, and human beings should know how to be grateful to their parents.

  6. Anonymous users2024-02-07

    No matter what the situation is, as long as their parents are old, it is the responsibility and obligation of every child to support their parents.

  7. Anonymous users2024-02-06

    There must be an obligation. Parents have the obligation to support their children, and in turn, children must support their parents, and they must let their parents have something to support and rely on in their old age.

  8. Anonymous users2024-02-05

    Of course, parents have the obligation to raise their children, and children have the obligation to support their parents, which is the traditional virtue of the Chinese nation.

  9. Anonymous users2024-02-04

    Parents and teachers are good daughters, and they have the obligation to support their parents, and they should also take their own responsibilities and obligations.

  10. Anonymous users2024-02-03

    Although the Civil Code stipulates the reciprocal rights and obligations between parents and children to support each other, this does not mean that the two rights must be "exchanged at an equal price", and children cannot take whether their parents have fulfilled their obligation to raise and educate them as a prerequisite for fulfilling their obligations to support their parents. Therefore, the child's obligation to support the elderly parent cannot be discharged on this ground.

    2. If the children's mental or physical harm is caused by the parents' wrong behavior, whether the children have the 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.

    3. Whether a married daughter with no economic income has the obligation to support.

    If the married daughter has no income herself, it cannot be used as a reason for refusing to perform the obligation to support her parents for the elderly. Since the domestic work they perform is of equal value to the husband's work for the means of subsistence, the income derived from the husband's work is the joint property of the husband and wife, and the husband and wife have equal rights to dispose of the joint property of the husband and wife and may pay alimony out of the joint property of the husband and wife.

    4. Supporting parents cannot be conditional on "separating the family and property".

    It is a legal obligation for children to support their parents, regardless of whether the parents have property, whether they have divided the family and whether the separation is fair.

    5. How to share the obligation of support and support for children.

    Where parents have more than one child, they shall jointly bear the obligation to support and support their parents; The amount of each child's obligations shall be negotiated on the basis of each child's living and economic conditions. A child cannot be weighed against the degree of care and affection of his parents when he was young, or the amount of support he or she received when he or she got married.

    As for the form of support for parents, it may be determined on a case-by-case basis, and for children who are not with their parents, a certain amount of alimony may be paid on a regular basis; Children living with their parents should also always care for and take care of their parents' lives; When the parents are unable to take care of themselves due to illness, the children shall share the medical expenses, surgical expenses, hospitalization expenses, etc., and shall also bear the obligation to take care of and care for their parents.

    6. Whether the daughter-in-law (son-in-law) has the obligation to support her in-laws (parents-in-law) after the death of the son (daughter).

    The relationship between a daughter-in-law (son-in-law) and her in-laws (parents-in-law) is a relationship of in-laws established by marriage. After the death of a son (daughter), the marriage relationship between the son (daughter) and the daughter-in-law (son-in-law) is dissolved, and the in-law relationship between the daughter-in-law (son-in-law) and the in-laws (parents-in-law) ceases to exist.

    Whether a daughter-in-law (son-in-law) bears the obligation to support her in-laws (parents-in-law) is not clearly stipulated in Chinese law. Therefore, the daughter-in-law (son-in-law) cannot be forced to undertake this obligation.

  11. Anonymous users2024-02-02

    Definitely not. Children have an obligation to support their parents, and the supporter may not refuse to perform the obligation of support on the grounds of renunciation of inheritance rights or other reasons. As long as the relationship between parents and children exists, the parents have the need for support, and the children have the ability to afford it, the children should unconditionally perform the obligation of support.

    Even if the heir clearly states that she will not inherit the estate of the elderly, she still cannot avoid the legal obligation to support the elderly.

  12. Anonymous users2024-02-01

    I guess your question is whether the daughter can not be supported if the parents' will excludes the inheritance of the daughter, which must be negative. The obligation to maintain a child cannot be excluded unless the parental relationship between the child and the biological parents is extinguished (or, more simply, by adoption). As daughters, even if our parents don't let us continue to have property, we should support the elderly.

    Supporting our parents is our responsibility and obligation as children. There is no excuse for no reason to speak. Filial piety comes first, filial piety to parents is the traditional virtue of our country since ancient times, and every child should be filial to his parents.

    The more filial piety to one's parents, the more prosperous the family will be, and the more harmonious the family will be.

  13. Anonymous users2024-01-31

    It is not permissible for a child to refuse to support an elderly person on the pretext that he or she will not inherit the inheritance. In reality, although the parties voluntarily renounce the inheritance, their maintenance obligations have not been terminated. After all, this is a statutory obligation, not a premise for inheriting the estate in the future, as long as it does not have a maintenance obligation, then it should be fulfilled.

    Legal analysis

    Lost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.

    4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:

    The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.

    7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with 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; Those over the age of 75 are counted as five years.

    Legal basis

    Civil Code of the People's Republic of China

    Article 26: Parents have the obligation to raise, educate, and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.

    Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. 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.

    Article 14: Supporters shall perform their obligations to provide financial support, daily care, and spiritual comfort to the elderly, and take care of the special needs of the elderly. Supporters refer to the children of the elderly and other persons who have the obligation to support them in accordance with the law. The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.

  14. Anonymous users2024-01-30

    No. Children have a legal obligation to support their parents, and even if they do not inherit family property, they also have a legal obligation to support their parents.

  15. Anonymous users2024-01-29

    Even if there is no inheritance, the daughter needs to support the elderly, which is the legal obligation of the child and has nothing to do with whether or not the property is inherited.

    According to the relevant provisions of the Civil Code and the Law on the Protection of the Rights and Interests of the Elderly, adult children have the obligation to support, support and protect their parents. The supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights or other reasons.

  16. Anonymous users2024-01-28

    Legal Analysis: If the parents do not have a will to appoint an heir, then they have the right to be a friend.

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

    Article 1126:Men and women are equal in inheritance rights.

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

  17. Anonymous users2024-01-27

    No. It is the legal obligation of children to support their parents, and they cannot give up their obligation to support their parents just because they have not inherited their parents' property.

  18. Anonymous users2024-01-26

    If you don't inherit property, you can't have a daughter who doesn't support the elderly.

    Clause. 1. Supporting the elderly is the obligation of the children and cannot be refused to perform. Regardless of whether you inherit property or not, honoring your parents is a traditional virtue.

    Second, the Civil Code has clear legal provisions on this. If the child fails to fulfill this obligation, the parents can seek help from the local neighborhood committee, village committee, public security bureau, women's federation or other institutions to help mediate and dissuade them.

    Clause. 3. If the relevant maintenance agreement is reached through mediation, the other party must perform it.

    If the mediation fails or the child does not perform the agreement, the elderly can sue the court to require the other party to perform the maintenance obligation or enforce the maintenance agreement.

    Clause. 4. If the child does not support the elderly and causes serious injury to the elderly, it may constitute the crime of abandonment. The elderly may report to the public security bureau and request the court to determine the other party's crime of abandonment through a public security organ prosecution or a private prosecution, and the court will convict and punish the suspected abandonment.

    In summary, in any case, such as not receiving an inheritance, it is necessary to support the elderly.

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