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Such a person can only be impartial through the law, and if he shows evidence that he did not take care of the elderly, the law will stipulate that he cannot inherit the family property.
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For those who do not take care of the elderly and have to divide the family property, they should be interviewed by the relevant authorities, because the children must be taken care of, and this is obligatory.
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Not taking care of the elderly and the distribution of family property, I think are two different things. So you can confront him about not taking care of the elderly. However, there are still corresponding regulations on the distribution of parents.
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You can take legal action against him in court.
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Ah, what about the people who don't take care of the elderly and fight for the family property? If the old man does not have a will, the family property must be divided equally, and if the old man has a will that he does not have him, then he will not get anything.
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Stay away from him or her, because he or she is selfish and can use the law if necessary!
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What else can be done? If the old man does not have a will, there is really no way for such a person.
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Summary. Hello, 1. What should I do if I don't support my parents to fight for the inheritance? It is possible to sue the court for a judgment, and the law of our country clearly stipulates that if the heirs who have the ability and conditions to support do not fulfill the obligation to support, they should not share or divide the inheritance less.
There are two conditions here: first, the decedent has financial or living difficulties and needs the help of the heir; Second, the heir has the conditions and ability, but does not support the deceased. Both need to be both.
This provision does not apply if the deceased does not want to support him, or if the heir does not have the ability and conditions to fulfill the obligation to support.
Hello, 1. What should I do if I don't support my parents to fight for the inheritance? It is possible to sue the court for a judgment, and the law of our country clearly stipulates that if the successor who has the ability and conditions to support is not fulfilled, the inheritance should be divided without or with a small share when the inheritance is distributed. There are two conditions here:
First of all, the decedent has financial difficulties or life difficulties and needs the help of the heirs; Secondly, the heir has the conditions and ability, but Shanxiao does not support the deceased. Both need to be both. This provision does not apply if the deceased does not want to support him, or if the heir does not have the ability and conditions to fulfill the obligation to support.
2. What are the circumstances under special circumstances that can be scored more or less? (1) For heirs who have special difficulties in life and lack the ability to work, they should be taken care of when they divide the inheritance. Only if the heirs have both special difficulties in life and lack of ability to work, can they be given appropriate care in the distribution of the estate.
The term "special hardship" refers to the inability to maintain a normal life, not the poor quality of life compared to other heirs. Proper care here means that when the estate is divided, it is generally sufficient for the heir to receive a share of the estate to meet his basic living needs. If the inheritance left by the deceased is particularly large, the equal distribution of the inheritance among the heirs can fully guarantee the livelihood of the heirs who have special hardships, and there is no need to take care of them.
2) When the inheritance is distributed to the heirs who have fulfilled the main maintenance obligation of the deceased or who live with the decedent, they can divide the inheritance more.
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Summary. 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.
What about those who don't take care of the elderly and fight over their family property?
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For those who do not take care of the elderly and still fight for family property, when distributing the inheritance, they can divide it less or nothing.
The unsupported elderly have the right to inherit the estate, but unless there are special circumstances, they will receive less or no share. Heirs who have fulfilled their primary obligation to support the deceased or who live with the inherited family may receive more than one share of the inheritance. If an heir who has the ability and the capacity to support does not fulfill his or her obligation to support, the inheritance shall be distributed without or with a small share.
Article 10130 of the Civil Code of the People's Republic of China: The share of inheritance inherited by heirs in the same order shall generally be equal. For heirs who have special difficulties in life and lack the ability to work, Shiji shall take care of them when distributing their inheritance. Heirs who have fulfilled the main obligation to support the deceased or who live with the heirs of the deceased may receive more dividends when distributing the inheritance.
If an heir who has the ability to support Wang Shou and has the conditions to support him, but does not fulfill his obligation to support, when distributing the inheritance, he shall not divide or divide less. Where the heirs agree through consultation, it may also be unequal. Trapped base.
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Legal analysis: 1. The supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights, changes in the marital relationship of the dependents or other reasons.
2. If the supporter fails to perform the maintenance obligation, the supported person has the right to request the supporter to pay alimony.
3. If the supporter fails to pay alimony and share the expenses, in addition to paying the alimony and the expenses of the joint sharing of the sails, he shall also pay liquidated damages according to 1% of the amount of alimony and jointly shared expenses that should be paid. The cost of litigation, attorney's fees, transportation expenses, and caregiver expenses during the maintenance period arising from the supporter's non-performance of this agreement shall be borne by the supporter who breached the contract.
4. If the supporter does not fulfill the obligation of support, he or she shall receive less or no share when inheriting the inheritance.
5. If some supporters fail to perform their obligations, and the other supporters continue to perform the obligations stipulated in the maintenance agreement in the order of seniority and youngness, the next order of the supporters who do not fulfill the maintenance obligations shall not be used as a reason for their failure to perform their obligations.
Legal basis: Article 26 of the Civil Code of the People's Republic of China 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.
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1. The supporter shall not refuse to perform the maintenance obligation on the grounds of renunciation of inheritance rights, changes in the relationship between the marriage of the dependents or other reasons.
2. If the supporter fails to perform the maintenance banquet, the supporter has the right to request the supporter to pay alimony.
3. If the supporter fails to pay alimony and jointly share expenses, in addition to paying alimony and jointly sharing expenses, he shall also pay liquidated damages according to 1% of the amount of alimony and jointly shared expenses that should be paid. Litigation costs, attorney fees, transportation expenses, and caregiver expenses incurred due to the supporter's non-performance of this agreement shall be borne by the supporter in breach of contract.
4. If the supporter does not fulfill the obligation of support, he or she shall receive less or no share when inheriting the inheritance.
5. If some supporters fail to perform their obligations, and the other supporters continue to perform the obligations stipulated in the maintenance agreement in the order of seniority and youngness from the next order of the supporters who do not fulfill their maintenance obligations, no supporter shall use this as a reason for his or her failure to perform his obligations.
Legal basis: Article 26 of the Civil Code of the People's Republic of China 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.
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