If the mentally ill person should not sue, can the inheritance lawsuit continue?

If the mentally ill person should not sue, then there is a very guardian. The inheritance lawsuit can go on!

If the mentally ill person should not sue, the inheritance lawsuit can still be fought. The court may include the guardian of the mentally ill person as a litigant.

The key to the continuation of the inheritance lawsuit is to find the supervisor of the mentally ill person, ask the supervisor to respond to the lawsuit, and the supervisor will perform the obligation to respond to the lawsuit in accordance with the supervision responsibility.

The patient should not count the inheritance relationship can also be fought. There can be ** people to find a lawyer to help fight the lawsuit. The patient also has the right to inheritance.

The mentally ill should not be sued, and the inheritance lawsuit can continue! In this way, the legitimate rights and interests of the mentally ill cannot be harmed!

The mentally ill person should not sue for inheritance, and the lawsuit can be fought, and the mentally ill person has a guardian.

Can a mentally ill person sue for inheritance? A mentally ill person should not be sued. The inheritance relationship still continues. Resolve the issue of inheritance through the law as to whether or not the inheritance relationship is inherited.

A mentally ill person is a person with no capacity for civil conduct, and a lawsuit can be filed, but it is up to his guardian to make a decision and protect his or her rights.

A mentally ill person does not have a person who is fully responsible for civil conduct. You can't respond to lawsuits. It is recommended to consult a lawyer, and it is enough to have his ** person appear in court to fight a lawsuit.

Mentally ill people have no social executive power and do not take responsibility, so they cannot fight lawsuits.

This kind of patient does not want to be noticed, and it can continue to fight. Until he admits his mistake.

Mentally ill people have no way to bear some of the responsibilities in the law, so there is no way to sue with mentally ill patients, you can consult a lawyer for specific content, and they will give professional answers and solutions.

Of course, this is okay, because we know that it has nothing to do with what you said.

I come to this question, can the mentally ill person continue to sue and continue the lawsuit?

I don't think the case will go on if the mentally ill person doesn't sue.

I don't think it makes sense to go to court with a mentally ill person, because he's mentally abnormal.

If a mentally ill person should not sue, he can let his ** person or guardian element, it is recommended to consult a lawyer specifically, but this kind of lawsuit is not easy to fight.

Mentally ill persons who lack civil capacity can be sued by their guardians.

A mentally ill person is unable to respond to the lawsuit, and his guardian may respond to the lawsuit.

There is no need to count the mentally ill, this is stipulated in the law, I think you look at the size of your relationship!

Do you find it interesting to have a lawsuit with a mentally ill person? There's no point in fighting.

The mentally ill person should not be sued, but he has his guardian.

What kind of lawsuit are you fighting with a mentally ill person? You fight with his guardian.

How to fight a lawsuit in this case, and what to inherit can be notarized.

The mentally ill person should not sue, and the inheritance lawsuit cannot be fought, and the mentally ill person's consent is required.

A mentally ill person does not have full capacity for civil litigation, and his expression of intent to renounce his inheritance rights is invalid.

Legal basis] Article 20 of the General Provisions of the Civil Law: An adult who cannot recognize his or her own behavior is a person with no capacity for civil conduct, and his legal **person ** shall carry out the legal act of civil lawsuit.

Where minors over the age of 8 are unable to recognize their own conduct, apply the provisions of the preceding paragraph.

The renunciation of inheritance by a mentally ill person is invalid. However, if it is recognized by the legal person, the waiver is valid. According to relevant laws and regulations, when adults who cannot fully recognize their own conduct carry out civil acts beyond their capacity, without the consent and recognition of the legally-prescribed person, it will not take legal effect.

Legal basis. Article 21 of the Civil Code of the People's Republic of China.

Adults who cannot recognize their own conduct are persons with no capacity for civil conduct, and their legally-prescribed **person** shall carry out civil juristic acts.

Where minors over the age of 8 are unable to recognize their own conduct, the provisions of the preceding paragraph apply to the accompanying brothers.

Article 22.

Adults who cannot fully recognize their own conduct are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated **person** or with the consent and retrospective consent of their legally-designated **person; However, they may independently carry out civil juristic acts that are purely profitable, or civil juristic acts that are compatible with their intelligence, spirit, and state of health.

It depends on whether you are completely mentally ill or intermittently mentally ill. If it is intermittent, a civil act performed while conscious is valid.

If there is evidence to prove that he is a mentally ill person, his legal guardian may sue in his or her name, and the legal guardian is below the plaintiff. But the father could not turn a blind eye and sue as a plaintiff.

If the father is a guardian, he sues on behalf of the legal ** person and cannot sue on his own.

The father is the legal ** person.

In the judicial appraisal by the civil capacity is possible to litigate independently.

Persons who lack capacity for civil conduct may not conduct litigation on their own.

Yes, if the legal guardian fails to fulfill the legal guardianship duties, the second guardian** can file a lawsuit with the original legal guardian. However, before filing a lawsuit, it is best to ask the local court case filing division whether it is necessary to change the legal guardian first, and if there is no need to change it, you can directly sue to save some trouble.

The identification of mental illness needs to be identified by a provincial hospital, not by yourself!

Of course, mentally ill persons cannot conduct litigation independently, and their guardians must exercise the right to litigate on their behalf as the legal litigants.

If it is already in a normal state, it is a person with full capacity for civil conduct, then of course it is okay!!

A mentally ill person can only be litigated by a legal guardian, that is, a legal person, by exercising his or her rights. A lawyer can only be hired by a legal person.

According to what you said, if you are not hired by yourself, then a mentally ill person is a person with limited capacity for conduct, and the behavior that he does when he is awake is considered to be appropriate for his mental state is considered valid.

It is best for the legal ** person to hire a lawyer to sue in the name of the patient.

Gather evidence that IOUs written by mentally ill persons during their illness have no legal effect.

A mentally ill person must not be prosecuted under the following three circumstances:

1. Where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is confirmed through legal procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and receive medical treatment.

2. Intermittent mentally ill persons who commit crimes when they are mentally normal shall bear criminal responsibility.

3. Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted.

Whether a civil act with intermittent psychosis has legal effect depends on the health status of the parties. After hearing the case filing materials, the court finds that the conditions for prosecution are met, and it shall be tried first. The court may also notify its guardian to appear in court, as the case may be.

Legal basis: Article 13 of the General Principles of the Civil Law A mentally ill person who cannot recognize his own behavior is a person who lacks capacity for civil conduct, and his statutory **person** civil activities. A mentally ill person who is unable to fully recognize his or her own behavior is a person with limited capacity for civil conduct and may engage in civil activities that are compatible with his mental health condition;

A mentally ill person is a person with no or limited capacity for civil conduct, so the IOU written by the mentally ill person during his illness has no legal effect.

A person who lacks capacity for civil conduct, a minor under the age of 10 or a mentally ill person who cannot recognize his own behavior is a person without capacity for civil conduct, and civil activities are carried out by his legal **person**. Interested parties of mentally ill persons may apply to the people's court for a declaration that the mentally ill person is a person with no capacity for civil conduct or a person with limited capacity for civil conduct. Where a person is declared by a people's court to be a person with no or limited capacity for civil conduct, the people's court may declare him a person with limited or full capacity for civil conduct on the basis of his health recovery and upon application by himself or an interested party.

However, in practice, not all civil activities need to be carried out by their legal person. An incapacitated person may engage in actions that are actually understandable based on his age and intelligence or that will not harm his or her interests, such as buying an eraser, receiving a reward, gift, etc.

Article 108: The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization with a direct interest in the case: (2) there is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

As long as these four conditions are met, the prosecution can be sued, whether it is mental illness or not.

However, the court may notify the plaintiff's guardian to participate in the lawsuit after accepting the case.

During the onset of a mentally ill person (including intermittent psychosis), his or her guardian must exercise civil rights on his behalf. However, in its normal state, it can file a lawsuit on its own.

If you want to dismiss his claim, you must provide strong evidence to show that the lawsuit was filed during the onset of the disease, which is very difficult.

Hello, according to the provisions of China's "Inheritance Law", the spouse, parents and children are the first heirs in the legal inheritance. The right of inheritance is the right of identity, which is not limited by civil capacity, and you can inherit property as long as you are the legal heir.

So if you don't have grandparents and no siblings, of course, your parents' house can only be inherited by you, and your cousin is not a legal heir and cannot inherit the estate. However, if your parents have made a will, then follow the will.

If there are no parents, children, or spouses, the estate of the mentally ill person should be inherited by the siblings and divided equally.

However, if the second sister bears the main duty of care and upbringing, and because she is a guardian, she can ask for more points.

Answer: According to the relevant laws of our country, mentally ill persons are divided into those with no capacity for civil conduct and those with limited capacity for civil conduct according to the degree to which they can recognize their own behavior. If it is a person who lacks civil capacity, his or her actions must be carried out by the legal person, and his guardian is the legal person, including spouse, parents, adult children, other close relatives, etc.

Those mentally ill persons who lack the ability to recognize their own behavior, and are unable to exercise the right of inheritance in person due to mental disorders, shall be in accordance with the provisions of Article 6 of the Inheritance Law: "The right of inheritance and bequest of an incapacitated person shall be exercised by his legal person on his behalf; The right of inheritance and the right to bequest of a person with limited capacity shall be exercised by his legal ** person on his behalf, or after obtaining the consent of the legal ** person. That is to say, the legal person exercises the right of inheritance on behalf of the person, but these property rights should belong to the person being **, that is, the mentally ill, and the interests of the person cannot be harmed, and usually the person cannot give up the right of inheritance on behalf of the person.

Yes, it can be inherited.

First of all, it is necessary to distinguish between the capacity for rights and the capacity for conduct, which is the relationship between the two aspects. A mentally ill person is an incapacitated person, but this does not affect his or her legal capacity, and the mentally ill person enjoys all the rights that a citizen should enjoy, including the right to inheritance, but his property rights must be managed by a guardian on his behalf. You, as the legal heir of your parents, have full inheritance rights.

You have a history of mental illness but are now healthy and the inheritance you have acquired can be managed by yourself.

Secondly, your cousin is not the legal heir of your parents and is not entitled to inherit the estate unless your parents specify it to be gifted to her in their will.

Of course, it is for you, the first heir of the immediate family, but who has to keep the money on your behalf, you have to find someone to keep it for you, and make sure that the money will not be messed up.

See if your parents have designated an heir, if not, they should enjoy 50%.

Yes, it can be inherited.

Statutory succession is carried out in the order of succession. On the premise that the heirs in the first order exist and do not renounce the right of inheritance, the heirs in other orders do not participate in the inheritance.

The legal first-order heirs are: spouse, parents, and children.

If you have no siblings and no grandparents, you should inherit the entire estate.

In this case, you have a history of mental illness. This does not affect your inheritance. If you have not recovered from your illness, it will not affect your inheritance.

Human capacity is divided into: behavioral capacity and power capacity. Mentally ill persons only have limited capacity for conduct, and do not affect their power capacity. Inheritance is not affected by capacity.

Therefore, unless your parents did not make a will to let other third parties inherit the property, you have the right to inherit the estate.

According to the provisions of China's "Inheritance Law", the first order is: spouse, children, parents; Second order: siblings, grandparents, grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit. Where a widowed daughter-in-law is to her father-in-law or mother-in-law, or a widowed son-in-law is to her father-in-law or mother-in-law, and has fulfilled the Lord's obligation to support her, she shall be the heir in the first order.

Whether a guardian can inherit property depends on the following two aspects:

1. Whether the deceased left a will during his lifetime, and if so, whether there is his share in the will, and the self-written will has legal effect, if not, then there is no legal inheritance. Clause.

2. If the deceased did not make a will, it depends on whether the guardian is the legal first-order heir of the deceased, including the deceased's parents, children, and spouse; If not, it is not a subrogated heir, that is, the first heir in line has died, and as a child subrogated heir; If not, and the deceased has other first-order heirs, then he has no right to inherit. Legal basis: Article 10 of the Inheritance Law of the People's Republic of China shall be inherited in the following order:

First order: spouse, children, parents. 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. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents. The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.