What should I do if the old man in the family lives well and gives all his property to a child?

If the old man in the family says that he has many children, he suddenly gives his property to one child, which is not legal in the ordinary way, unless the other children do not fulfill the obligation to support them. In other words, it is particularly harsh on the elderly, and it cannot be the filial piety that a child should fulfill. Of course, this is judged by the law.

The second point is whether the old man was deceived by this child alone, that is, he deceived the trust of the old man internally and obtained all the property of the old man. This is also questionable. In every family, there are things that are difficult to decide, but there are some factual evidence, some of the grounds that you have paid by other children can be listed, first of all, the internal coordination of the family, if it really doesn't work, then you can only go through the court procedure, ask a lawyer to help assist.

Whether the elderly in the family are alive or a hundred years later, their property is their own decision, and they can give it to whomever they love, which is the right of the law to support and protect them, and other children have no right to interfere. As children, as long as they do their filial piety, do their best, and do their best to work for the welfare of the elderly. Don't think about it, all the wealth depends on yourself to struggle, to work hard to get it, then it is the happiest and most down-to-earth.

The old man does this because he loves this child more, and it is the power of the old man to give him all the property, and the other children should do their filial piety to take care of the old man.

The reason why you live well is that you are not qualified to be hypocritical! To whom the property is given, that is the right of the elderly! You have no right to interfere with outsiders, even if it is given to outsiders!

Only if you don't have a will will will you are eligible to inherit fairly.

It's called a gift! No one else can manage it, and it can't be dry! The opinions of the elderly need to be respected!

What can be done, whoever is good to the old man, the old man will give him property, or if the children in the family are poor, the old man will also give him property.

The old man lives well, alas, you have to use it, you should be happy, as for his house, alas, to whom, this is his own right. Alas, they themselves have the final say.

This is the right of the elderly, so don't think about it.

It is also permissible for one child to give to another.

For families with many children, it is somewhat difficult to have a bowl of water. If one of the children takes care of himself more and spends time with him, the elderly will inevitably prefer more. Before his death, if the elderly person gives the property to take care of his children, is the contract valid?

Let's take a look at a case.

Case introduction: Lao Wang (male) and Lao Zhang (female) have a house purchased after marriage, Lao Wang passed away in 2011, and then the youngest son (Xiao Wang) lived in this house with Lao Zhang and has been taking care of Lao Zhang. Lao Zhang felt that Xiao Wang took care of himself very carefully, and decided to give the house to Xiao Wang.

So he signed a "Gift Agreement" with Xiao Wang, indicating that the house was donated to Xiao Wang. Lao Zhang passed away last year, and Xiao Wang took the "Gift Agreement" to the real estate hall to ask for the transfer, but it was not approved. After that, Xiao Wang sued the other siblings to the court, asking for confirmation of the validity of the "Gift Agreement" written by Lao Zhang before his death.

Focus of controversy: Is the "Gift Agreement" written by Lao Zhang valid?

The court ruled that the house involved in the Gift Agreement in this case was the joint property of Lao Wang and Lao Zhang, and the gift was invalid.

Lawyer's analysis: A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift. The house involved in the case belongs to the joint property of Lao Wang and Lao Zhang, and the property arises from the existence of the husband and wife relationship.

During the existence of the marital relationship, the joint property of the husband and wife is an indivisible whole, and the husband and wife enjoy joint ownership of the entire share of the joint property, and the husband and wife cannot divide their individual shares of the joint property, nor do they have the right to request the division of the joint property of the husband and wife during the joint ownership period. After Lao Wang's death, Lao Zhang and his children did not inherit and divide Lao Wang's estate. At this time, Lao Zhang has a family relationship with other children, so he also has a co-ownership relationship with the house.

Neither party shall impose sanctions without authorization.

The court finally found that Lao Zhang's direct donation of the house to Xiao Wang seriously damaged the property rights and interests of other heirs, violated the principle of fairness in civil law, and the gift was invalid, so it rejected Wang Xiao's litigation claim.

In practice, if one of the elderly's children has fulfilled the main maintenance obligation, the elderly person wants to leave the property.

ta, how do you do that?

Lawyer's suggestion: Method 1: The elderly and other children need to confirm the share of real estate owned by each heir through people's mediation, court litigation, inheritance notarization, etc. after the death of their spouse.

After that, the elderly can give all their share of the house to a child in the form of a notarized gift.

Method 2: The elderly leave their share of the property to a child through the formation of a will. The nature of a will is such that it can only be effective after the death of an old man. But there are two advantages to the way of testamentary regression:

1) First, the elderly in Huaishan can modify their will at any time before their death to avoid their children not fulfilling their maintenance obligations;

2) Second, even if the old man disposes of his husband's share of property in the will, the will is only partially invalid, and the disposal of the old man's share of property is still valid.

If they are found to be unfilial, the property will not be left to them".

The old man said: I am retired now, and I am not looking for a quiet place to enjoy happiness, because I feel that my son and I are a family, and the family should help each other and pull each other in difficult times. I feel that my body is okay, and I also feel that I am doing my part, and it is the care of the elders for the younger generations.

Most importantly, I feel that my children are very good to me, and I am happy to do so. You said that when you are old, your children will not be filial, and you should be able to find out earlier. If I find out that they are not filial, the property will not be left to them.

Because if I haven't waited until I can't take care of myself, I'll find a nursing home to live in by myself, and they are not filial, then don't worry about my money.

Don't mention the matter of dividing property with your children too early, otherwise it will easily lead to their disobedience."

The old man also said: If you want your children to be filial, don't mention the matter of dividing property too early. I have seen how many friendly and harmonious families, which were originally loving and filial to their mothers and children, have turned against each other because of the division of property.

When the children grow up, what kind of life they live depends on their own hard work. Therefore, parents must understand in their hearts that they cannot indulge their children and carry things for their children, otherwise they will only raise unfilial white-eyed wolves.

Of course, many parents can't pass the level in their hearts, worrying that they are old, and one day they suddenly leave, and there is a problem with the distribution of property, and they want to plan early. However, it is also important to remember that you should not mention the matter of property to your children too early, otherwise it will easily lead to their disobedience. You can make decisions secretly and privately, and don't make your life unpeaceful because of the distribution of property when you are healthy.

The old man was very direct on the question of whether to leave Na's property to his unfilial children, that is, "no". Of course, the right and wrong choices of the old man are not for outsiders to judge. However, it is worth commending that the old man put forward the idea of "don't share property with your children too early, otherwise it will easily lead to their disobedience", which is worthy of attention.

If the property is transferred to the children after marriage, and there is no clear indication that the gift is made to the children of the husband and wife, the preparation is the joint property of the husband and wife, and it is clearly stated that only one of the children is gifted, and it belongs to the personal property of one party. If the property is transferred to a child before the marriage, the property is the personal property of one of the parties.

Article 1063 of the Civil Code provides that the following property is the personal property of one of the spouses: (1) the premarital property of one of the spouses; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

Right. It is the obligation of children to support the elderly, and the elderly have the right to dispose of all their property, either as a gift to one person or as a testament to one person.

Legal basis: Article 124 of the Civil Code of the People's Republic of China provides that natural persons enjoy the right of inheritance in accordance with law. The lawful private property of natural persons may be inherited in accordance with law.