When the son dies, is the daughter in law still obliged to support the elderly?

Updated on society 2024-06-24
19 answers
  1. Anonymous users2024-02-12

    The obligation to support only exists between parents and children, so daughters-in-law have no legal obligation to support the elderly, and only children have a legal obligation to support their father and mother. If the daughter-in-law does not support her in-laws, it is a moral problem and will be morally condemned; However, it is not a legal issue, and it will not be punished by law and will bear legal responsibility. Maintenance refers to the material and living assistance provided by children or younger generations to their parents or elders.

    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 maintenance from their children. The main content of maintenance and support means that under the existing economic and social conditions, children should financially provide their parents with necessary daily necessities and expenses, and should respect, care and take care of their parents in life, spiritually and emotionally.

    Adult children who can afford it, regardless of gender, married or unmarried, shall make every effort in accordance with the law to fulfil this obligation until the death of their parents when their parents need support. 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. Generally speaking, after a child reaches adulthood and lives independently, the parents no longer have the obligation to support them materially and in life.

    However, in the case of adult children, parents have the obligation to educate and support them if they are able to afford them:

    1. Loss of working ability or partial loss of working ability, and their income is insufficient to maintain their livelihood;

    2. Those who are still in school;

    3. There is no ability and conditions for independent living.

    The criteria for determining alimony by the people's court include: the local economic level, the actual needs of the dependent, and the financial capacity of the supporter.

    Article 37 of the Civil Code of the People's Republic of China: Parents, children, spouses, and so forth who bear the guardian's child support, alimony, or maintenance expenses in accordance with law shall continue to perform their obligation to bear the burden after the people's court revokes their guardianship qualifications.

  2. Anonymous users2024-02-11

    After the death of the son, the daughter-in-law has no legal obligation to support her in-laws, because there is no inheritance right. According to Article 21 of the Marriage Law of the People's Republic of China, children have the obligation to support their parents.

    Therefore, the legal maintenance obligor is the child. When a son dies, the daughter-in-law's marriage relationship with her is naturally dissolved, and the daughter-in-law has no obligation to support the elderly. If the parties reach an agreement, the daughter-in-law has fulfilled the obligation of support, and after the death of the in-laws, she can be the first in line of succession.

    In the case of other children, the grandchild has no obligation to support him. If the elderly person has no children or other children are not able to support them, the grandchildren or granddaughters who have the ability to support them should support them (but this is also conditional).

  3. Anonymous users2024-02-10

    Many people may think that a daughter-in-law lives with her in-laws and is a family, and she should have an obligation to support her in-laws, but this is not the case. From a moral point of view, a daughter-in-law has an obligation to support her in-laws, but this is not a legal obligation. The Marriage Act provides:

    Children have an obligation to support their parents. The Law on the Protection of the Rights and Interests of the Elderly stipulates that a supporter refers 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. At the same time, the 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 maintenance from their children. There are two types of parent-child relationships in our country

    1. The parent-child relationship of natural blood relatives, including parents and legitimate children and illegitimate children; 2. The relationship between parents and children of blood relatives is simulated by law, including adoptive parents and adoptive children, and stepparents and stepchildren who have a dependency relationship. Obviously, a daughter-in-law has no mandatory obligation to support her parents-in-law or a son-in-law to her parents-in-law in the legal sense. Because daughters-in-law and sons-in-law usually do not have the right to inherit in the legal sense.

    Due to the death of a son or daughter, the daughter-in-law or son-in-law has lost the relationship with the in-laws and parents-in-law, and the daughter-in-law or son-in-law does not have the obligation to support the in-laws and parents-in-law, and the parents-in-law and parents-in-law cannot compel the daughter-in-law or son-in-law to fulfill the obligation of support and pay alimony. However, China's "Inheritance Law" stipulates that if "a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law and mother-in-law, and a widowed son-in-law has fulfilled her main obligation of support, she shall be regarded as the first-order heir". It can be seen from this that the law encourages widowed daughters-in-law to support their in-laws and widowed sons-in-law to support their parents-in-law, which is also consistent with the tradition of respecting and loving the elderly.

  4. Anonymous users2024-02-09

    There is no such obligation in law, it depends on whether the individual is willing to undertake this obligation, and some people with good feelings will still take care of the elderly even if the other half is gone.

  5. Anonymous users2024-02-08

    The issue of the daughter-in-law's obligation to support the elderly after the death of the son: If the son dies, the daughter-in-law has no obligation to support the elderly, but the widowed daughter-in-law has fulfilled the main obligation to support her in-laws and the widowed son-in-law has the right to inherit. If the elderly person has no other supporters or other supporters are unable to support them, the grandchildren who can afford it have the obligation to support their grandparents.

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

    Legal basis: Article 1129 of the Civil Code of the People's Republic of China Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled the main obligation of support, she shall be the heir in the first order.

    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 who have died or whose children are unable to support them.

  6. Anonymous users2024-02-07

    1. When the son dies, the daughter-in-law is not obliged to support the elderly. The daughter-in-law has the responsibility to assist the son in fulfilling the maintenance obligation of the son. However, when the son died, the daughter-in-law's obligation to assist in supporting was also lost.

    The main reason is that the relationship between mother-in-law and daughter-in-law and son-in-law is established by marriage, and after the death of the son and daughter, the marriage relationship is extinguished, and the relationship of in-law no longer exists, and the obligation to support the daughter-in-law and son-in-law to assist the son and daughter is also eliminated.

    2. 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.

    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.

    Article 1129.

    Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law to her parents-in-law, she is to be the first-order heir.

    2. At what age does the maintenance obligation begin?

    1. When the parents are over 60 years old or have no ability to live or when the children have independent economic ability, the children shall bear the responsibility of support;

    2. However, some elderly people get sick and lose their ability to work before the age of 60, and at this time, the maintenance obligor should perform the support in advance.

  7. Anonymous users2024-02-06

    A daughter-in-law has no legal obligation to support her in-laws.

    Article 21 of the Marriage Law clearly stipulates that "parents have the 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.

    This law only stipulates the legal obligation of children to support their parents, but does not stipulate the legal obligation of daughters-in-law to support their parents-in-law. According to the law, there are no provisions and no mandatory requirements, so the daughter-in-law has no obligation to support her in-laws, and the supporters who have the legal obligation to support are generally the children of the elderly and other people who have the obligation to support, but based on traditional morality, ethics and family relations, the daughter-in-law will raise her in-laws. Therefore, when a daughter-in-law fulfills the legal obligation to support the elderly, she has the legal obligation to assist in the maintenance of the elderly in accordance with the law.

    Data Extensions. Whether the daughter-in-law can inherit the property of her in-laws.

    Based on the principle of consistency of rights and obligations, the daughter-in-law does not have the legal obligation to support her in-laws, so the daughter-in-law has no right to inherit the property of her in-laws. Unless "after the death of the son, the daughter-in-law has fulfilled the main obligation of support to her in-laws, then in the case of legal succession, the widowed daughter-in-law shall be additionally listed as the legal heir in the first order" see the Inheritance Law. The widowed daughter-in-law is the legal heir in the first order and does not affect the original right of subrogation of her children.

    In other words, in this case, the widowed daughter-in-law plus the subrogation of her children can actually inherit two shares of the inheritance!

    Therefore, whether it is based on moral, emotional or interest considerations, if the daughter-in-law has the ability or as much as possible to support her in-laws, only if you respect others, others will respect you, and the relationship between the daughter-in-law and her in-laws is the same.

  8. Anonymous users2024-02-05

    According to the provisions of China's marriage law, daughters-in-law and grandchildren must support the elderly.

    But after the death of the son, from the legal point of view, the daughter-in-law and the son's family no longer have a legal marriage and family relationship. According to the relevant provisions of the Marriage Law, the daughter-in-law has no legal obligation to support the elderly at this time.

    If the daughter-in-law continues to support the elderly, she can inherit the inheritance of the elderly in the future. If the daughter-in-law and grandson inherit the estate of the deceased son, they are obliged to support the elderly within the scope of the inheritance, and if the grandson is able to fulfill the maintenance obligation, they should support the elderly.

    A daughter-in-law has no mandatory obligation to support her parents-in-law or a son-in-law to her parents-in-law in the legal sense. Because daughters-in-law and sons-in-law usually do not have the right to inherit in the legal sense.

    Due to the death of a son or daughter, the daughter-in-law or son-in-law has lost the relationship with the in-laws and parents-in-law, and the daughter-in-law or son-in-law does not have the obligation to support the in-laws or parents-in-law, and the parents-in-law or parents-in-law cannot compel the daughter-in-law or son-in-law to fulfill the obligation of support and pay alimony.

  9. Anonymous users2024-02-04

    When the son dies, the daughter-in-law is not obliged to support the elderly。According to the relevant legal provisions, children are obliged to support the elderly after their parents are old and incapacitated, but this does not include daughters-in-law. At the same time, a widowed daughter-in-law does not have the right to inherit the property of her in-laws.

  10. Anonymous users2024-02-03

    The son died. A daughter-in-law has no obligation to support the elderly. Now the law has been introduced. As a daughter-in-law, she has no obligation to support the elderly. But out of affection. If it is said that as a daughter-in-law in the case of ability. Let's be kind to some old people!

    After all, everyone has an old age. Especially in the past when getting along particularly well. Though. The situation is exceptional. But for the sake of family affection. It is still the responsibility and obligation to take care of the elderly.

  11. Anonymous users2024-02-02

    Well, this is the law, and the daughter-in-law is not obliged to support the elderly, because there are elderly people, and it is generally the children who have been raised by Fuyu to have this obligation.

  12. Anonymous users2024-02-01

    Legally speaking, daughters-in-law and sons-in-law are not obliged to support their in-laws and parents-in-law, and can assist each other in taking care of the elderly. After the death of one of the husband and wife, they can visit and take care of them regularly, and within their own ability, they can give appropriate financial subsidies to ensure the needs of the elderly in the future. If the elderly have other children or relatives, they can be transferred to other children or relatives to take care of, and if they do not, they can be sent to welfare institutions or taken home to continue to be cared for until the elderly person dies.

  13. Anonymous users2024-01-31

    The son is dead, and the family affection is still there, and the daughter-in-law should support and respect the elderly. When you become a family, you have to live in harmony, although he is gone, you should unite and live well.

  14. Anonymous users2024-01-30

    In the legal sense, there is no obligation, but emotions cannot be measured by law. If the elderly person is an elderly person who is alone, then you have to take care of him, even if you are not obligated, to take care of them for the sake of your husband and children.

  15. Anonymous users2024-01-29

    A widowed daughter-in-law has no legal obligation to support her parents-in-law, and a widowed son-in-law has no right to inherit. If the main maintenance obligation is fulfilled, it can be the first-order heir and have the right to inherit the property. It embodies the legal principle of the unity of rights and obligations.

  16. Anonymous users2024-01-28

    A daughter-in-law is not obliged to support her parents-in-law, it is only a legal provision. Of course, in real life, there are also daughters-in-law who are more filial and kind.

  17. Anonymous users2024-01-27

    According to the relevant regulations, the daughter-in-law does not have the obligation to support her in-laws, therefore, the son dies, and the daughter-in-law has no obligation to support the elderly, I hope mine can help you.

  18. Anonymous users2024-01-26

    When the son dies, is the daughter-in-law still obliged to support the elderly?I think that if this matter is more than a few years, let's say twenty or thirty years, it should be obliged to support.

  19. Anonymous users2024-01-25

    Nope! However, if a daughter-in-law wants to inherit her in-laws' estate, she has to fulfill the obligation to support her.

Related questions
8 answers2024-06-24

It is a traditional Chinese virtue for children to support the elderly, and for parents to support their children. Children shall abide by the law and carry forward the traditional virtues of the Chinese nation. Article 21 of the Marriage Law stipulates that "children have the obligation to support their parents. >>>More

13 answers2024-06-24

Housing for the elderly shall be properly arranged, and the elderly shall 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. >>>More

14 answers2024-06-24

Respecting the old and loving the young has always been a tradition of the Chinese nation. As a country with a strong sense of family, raising children and supporting parents has always been a matter of course for us. However, due to the wide range of China's territory and the differences in customs and habits in different places, there are still some doubts about the specific aspects and content of supporting parents, such as does a married daughter have an obligation to support her parents? >>>More

7 answers2024-06-24

Nowadays, it is common for grandparents to bring grandchildren, and many people have a blank concept of whether there is legal restraint on this phenomenon. First of all, according to the law, grandparents have no mandatory obligation to take care of the next generation while the parents are alive. According to Article 28 of the Marriage Law, the conditions for grandparents to raise their grandchildren are: >>>More

8 answers2024-06-24

Children have the obligation to support the elderly, what are the precautions for the elderly and their children to get along? >>>More