When my brother died, my son did not fulfill his responsibility to support his grandmother, can he c

When the elder brother dies, the son does not have the responsibility to support his grandmother, but according to Chinese law, he can still come back and divide the inheritance, unless the elder brother notarizes the estate at the time of his death and does not allow the son to inherit it.

Hello friends! China's inheritance law stipulates that grandma's children are the first heirs, and grandma's children are the second heirs, so the brother's son has a certain proportion of property inheritance, as for the proportion, it should be distributed according to the number of grandma's children. So if grandma doesn't have a clear will, my brother's son has the legal right to inherit, and as for his lack of support for the elderly, it's just a moral issue, thank you!

Hope mine can help you!

This is a matter of inheritance.

Your brother dies, and his son is legally not obligated to support his grandmother.

From the perspective of inheritance law, the main consideration is the order of inheritance, your brother's son can inherit your brother's estate, and can inherit part of your grandmother's estate according to the inheritance order stipulated in the inheritance law.

The law stipulates that parents have an obligation to support their children, and children have an obligation to support their parents.

According to the laws of our country, there is this right.

Although he has not entered into such an obligation to be raised, he has the right to inheritance, and you can negotiate the details yourself.

After all, because the party fails to file a complaint with the court or other relevant state agencies, the state will not pursue his responsibility if he fails to fulfill this obligation, but if the inheritance is not distributed, the other party will go to the court and other state organs, and the state will award him the right to inherit.

Even if you don't support your grandmother, your brother has the right to distribute the inheritance, as long as it is an immediate family member.

Your brother has died, and his son should be entitled to inherit his grandmother's inheritance, but if he does not support his grandmother, he can only say that he will give less to the old man's inheritance.

In terms of facts, if your grandmother does not have a clear will, then your brother's son has the legal right to inherit (in order), and not supporting the elderly can only exist in moral aspects, especially in the next generation.

If the grandmother does not have a will, the brother's son can inherit the brother's share from the grandmother.

Who asserts who adduces evidence, whether there is maintenance or not, can it be inherited? That's another story, and the point is that you provide very little information here. If it is not good for you to decide or analyze, you can go to the local people's court or relevant departments to arbitrate or adjudicate for you.

The son is entitled to inherit the father's estate in the same proportion as the grandmother. If the grandmother has other children, the other children should be responsible for the maintenance obligation.

Legal analysis: The amount of inheritance that children can divide without supporting their parents needs to be negotiated between the heirs, or whether the parents have left a will, and distribute it according to the will. Those who do not support the elderly, or who have a relatively small obligation to support the elderly, should be morally condemned, but from a legal point of view, such a person does not necessarily have the right to inherit.

Generally speaking, in the case of not supporting the elderly, but there is no evidence to prove that he has harmed the elderly, such "unfilial" children still have the right to inherit. In this case, when distributing the estate, the elderly can claim that they have fulfilled their main obligation to support the elderly, and ask for an appropriate share of the inheritance.

Legal basis: Article 1130 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. 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 the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance 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.

Legal analysis: If the obligation of maintenance is not fulfilled, the estate can be divided under certain conditions, and the inheritance cannot be divided only if the right of inheritance is lost. The legal grounds for loss of inheritance rights are:

wilful killing of the decedent; killing other heirs for the sake of inheritance; Abandonment of the decedent, or abuse of the decedent, where the circumstances are serious; forgery, alteration, concealment or destruction of wills, where the circumstances are serious; Using fraud or coercion to compel or obstruct the decedent from establishing, altering, or revoking the will, where the circumstances are serious, etc. Legal basis: Article 1125 of the Civil Code of the People's Republic of China An heir shall lose the right of inheritance if he or she commits any of the following acts:

1) Intentionally killing the decedent; (2) killing other heirs for the purpose of competing for an inheritance; (3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious; (4) Forging, altering, concealing, or destroying a will, where the circumstances are serious; (5) Using fraud or coercion to compel or obstruct the decedent from establishing, modifying, or withdrawing a will, and the circumstances are serious. Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights. Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

Hello, is your inquiry about inheriting your parents' estate?

Parents' Legacy:

If the parents have left a legal and valid will and the inheritance rights of the daughter are clear, the daughter can inherit through the will;

If there is no will, the daughter is the first legal heir of the parents and enjoys the right of inheritance. In addition, those who live with the deceased and fulfill the main maintenance obligation can share more of the inheritance.

Son's Inheritance:

Similarly, if there is a legal and valid will, the distribution will be made according to the will, and if not, it will be carried out according to the legal inheritance.

Because the daughter and the son belong to the "sibling" relationship, they are the second in line of succession. If a son has a first-order heir (the son's spouse, children, parents), he is generally not involved in the inheritance.

The specific order of legal succession is as follows:

First order: spouse, children (legitimate or illegitimate children, adopted children, dependent stepchildren), parents (biological parents, dependent stepparents);

Second order: siblings (half-siblings, adoptive siblings, dependent step-siblings), grandparents, maternal grandparents.

Related Laws] Civil Code

Article 1123: After the commencement of succession, 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 1127: Inheritance is 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.

OK. An estate is a personal legal property left behind by a natural person upon his or her death. After the death of a son, the inheritance can be inherited by the daughter. Because the estate has a will, follow the will to inherit. If there is no will, it shall be inherited by the spouse, children and parents.

You ask, can the children share the inheritance if they have not supported the elderly? I think it is possible to divide the inheritance from a legal point of view, but to distinguish it, if other children support the elderly, he does not support the elderly, I think the inheritance should not be divided, because he has not fulfilled his obligation to be a child.

Children who do not have the right to support the elderly also have the right to inherit, but if they have less obligation to support, they can share less when dividing the property.

The Inheritance Law stipulates that the share of inheritance of the inheritance of heirs in the same order shall generally be equal, but the heirs who have fulfilled the main obligation of support to the decedent or live with the decedent may divide the inheritance more when distributing the inheritance; If the heirs who have the ability and the conditions for support do not fulfill their obligation to support, they shall receive no or less share in the distribution of the estate.

From a legal point of view, children who have not fulfilled their obligation to support the elderly can share no or less of the elderly's inheritance.

Children who have not supported the elderly can also share the inheritance, but they can share less. Inheritance is the legal right of a child, and if there is no valid estate that excludes the child's right to inheritance, then the right to inherit is not deprived of due to lack of maintenance, but according to the specific circumstances of the lack of maintenance, the inheritance may be appropriately divided.

According to the relevant regulations, the inheritance that has the ability to support the elderly is not divided or less, and the will is executed in accordance with the will, I hope mine can help you.

The Civil Code has clear provisions on the relationship between inheritance and maintenance, which can be appropriately divided with little or no share.

Those who have the ability not to support them may divide the inheritance with less or no share.

Yes. As long as the elderly do not have a clear will stating that they will not give the inheritance to the children who do not support the elderly, then all children have the right to inherit.

In this case, even if there is a lawsuit, they will be given a part of the property.

The law stipulates that if an heir who has the ability and the conditions to support does not fulfill his obligation to support, he shall divide the inheritance without or with a small share.

In this case, it depends on the will of the elderly, if there is no support, it can definitely be divided, but it must be distributed fairly and justly.

In accordance with the provisions of laws and regulations, the obligation to support shall be fulfilled, and where the obligation of support is not fulfilled, the property may be divided less, or the inheritance may not be divided.

If there is no will, each child has the right to inherit, but if the child does not fulfill the maintenance obligation, the inheritance can be divided with less or no share.

Children who have not supported the elderly can also share the inheritance, and they must support their own elderly people in order to make their lives happier and more satisfying.

It depends. First of all, see if there is a will. If there is no will.

You will be able to get a share of the inheritance. However, if there are children who are obliged to provide for the elderly. It is possible to get an appropriate amount of heredity.

It depends on whether you have morals and conscience. Legally it is distributed according to the right of inheritance.

Children who do not have support for the elderly can also share the inheritance, but they should share less than those who have fulfilled the obligation to support.

If the children do not fulfill their obligation to support the elderly, they should not divide the inheritance, and if the elderly have a will, they should handle it according to the will.

If there is no will, there is a right of inheritance.

Hello, can the children share the inheritance if they have not supported the elderly? The children have not supported the elderly, and I think you should not get a share of the old man's inheritance in the first place, because the old man did not do it when he was in trouble. Obligation, so this inheritance is impossible for you to get, thank you.

If the old man did not have a special explanation before his death. Then, after the death of the elderly, the children still have the right to inherit the old man's estate, but if the old man specially confesses or has a will, then you may not have the right to inherit.

In the legal sense, the children have the right to share the inheritance, but she has not supported the elderly, so it should be morally condemned from the moral aspect.

If the old man has a will, he can only inherit according to the will. If the old man has no regrets, all the children of the old man have equal inheritance rights.

None of the children have supported the elderly, and the estate must be decided through negotiation between the children, or settled by the court.

Can the children who have not supported the elderly inherit the estate of the elderly, and if the elderly do not have a will, then they cannot inherit the inheritance of the elderly!

If there is evidence that the maintenance obligation is not fulfilled, it may be divided less or not at all.

Legal potato analysis: how much inheritance can be divided between children who do not support their parents needs to be negotiated between heirs, or to see whether the parents have left a will, and distribute it according to the will. Those who do not support the elderly, or who have a relatively small obligation to support the elderly, should be morally condemned, but from a legal point of view, such a person does not necessarily have the right to inherit when he splits his hands.

Generally speaking, in the case of not supporting the elderly, but there is no evidence to prove that he has harmed the elderly, such "unfilial" children still have inheritance.

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

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 1069:Children shall respect their parents' marital rights and must not interfere with their parents' divorce, remarriage, or post-marital life. A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents.