From a legal point of view, should children share the cost of burial after the death of their parent

It should be shared.

The law stipulates that funeral expenses should be paid out of the deceased's estate, and the children, as the first heirs of the parents' estate, are equally divided into the funeral expenses after the death of the parents if the inheritance is divided equally. It is also possible to take out the burial expenses from the parents' estate, and after the parents have installed it, the remaining inheritance will be divided equally among the children. If a child does not inherit his or her parents' estate, he or she should not be held to contribute to the cost of burial after the death of his or her parents.

According to the relevant provisions of China's inheritance law, a bequest and maintenance agreement should be signed between the person and the person, and the caregiver should bear the obligation of the citizen's birth, support, death and burial according to the agreement. That is, when the child enjoys the bequest of the parents' estate, he should also bear the obligation of his burial. Therefore, whether the children should bear the burial expenses after the death of their parents depends on the distribution of the parents' estate, and if the inheritance is not evenly divided, the funeral expenses should not be borne equally.

In many parts of our country, it is still to raise children to prevent the elderly from being patriarchal, so when the parents die, most of the genetic distribution is distributed by sons, and daughters can rarely be distributed to the inheritance of their parents. As a son, they should not worry about their sister or sister because of their parents' funeral expenses, and they are obliged to bear this part of the cost if they get the inheritance.

In the final analysis, the cost of burial after the death of the parents is not borne by the children, but by the inheritance left by the parents themselves, if the parents do not have any inheritance, then all his children have the obligation to bear the burial expenses, and the funeral expenses can be shared equally among each child. If someone does not bear this part of the responsibility, he can file a lawsuit in court to enforce his obligations through the law. In principle, the funeral expenses of the elderly need to be shared by the children, but after the death of the elderly, the funeral expenses will be negotiated by the children, and the negotiation will also be linked to the inheritance of the elderly.

From a legal point of view, it is a legal obligation for an adult child to bear the funeral expenses of his or her parents after the death of his parents, and it is a legal obligation for an adult child to bear the funeral expenses of his or her parents. Legally speaking, when the parents are alive, they support their parents; After the death of the parents, the parents are buried; This is in accordance with the law of nature and the common sense of man.

It should be shared, since the law stipulates that adult children have an obligation to support, support and protect their parents, and the obligation to support and support also includes burial expenses.

According to the second paragraph of Article 26 of the Civil Code of the People's Republic of China, adult children have the obligation to support, support and protect their parents. The obligation of support and support includes not only the obligation of children to provide financial support, daily care, and spiritual comfort to their parents during their lifetime, but also the obligation to properly bury their parents after their death.

Legal analysis: 1. If there is a dispute over funeral expenses, it is negotiated between close relatives, of course, if there is no consensus after many consultations, you can also file a mediation request with the people's court or the villagers' committee. If there is a dispute over the division of funeral expenses, a lawsuit can also be filed with the people's court, and the court will make a judgment based on the facts.

2. The legacy of funeral expenses is also the same as the order of inheritance in China, the first order is spouse, children, parents, and the second order is siblings, grandparents, and maternal grandparents. Therefore, if there is a dispute over the funeral expenses, the first thing is to negotiate with each other, and if the spouse of the deceased is still present, the spouse needs to sign.

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

Article 1127 Inheritance shall be 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.

Article 1132:The heirs shall handle the issue of inheritance through consultation in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

Legal analysis: The funeral expenses are first paid by the deceased's estate, and if the deceased's estate is insufficient to pay the funeral expenses, the deceased's heirs shall bear the unchained part.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance.

If an employee dies on the job, his immediate family members shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from the work-related injury insurance shanty in accordance with the following provisions; (1) The funeral subsidy is 6 months, and the average monthly work of employees in the overall area in the previous year is out of capital; Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his immediate family members shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his immediate family members may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Legal analysis: You can file a lawsuit with the court, and according to the regulations, all children are required to sign to confirm that one person is responsible for receiving it, and if one of the children does not agree, the Social Security Bureau will not issue it.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 27: Funeral expenses are calculated on the basis of the average wage of employees in the previous year at the location of the court where the lawsuit is filed, and are calculated on the basis of the total amount for six months.

Lawyer's professional answer:

Hello, although the law does not clearly stipulate that the burial of parents must be done by children, it is a part of honoring parents and children, and the money generated by burying parents belongs to the debt of the father, from this point of view, it is first necessary to deduct from the estate in advance in order to inherit the inheritance. If the person is indeed unfilial, he can claim that although he is under the age of 18, he has an independent financial ** and is an adult, and he is required to divide the inheritance equally.

Tianjin Lawyer Li (Professional Divorce Lawyer):

B's request was unreasonable, and the burial costs were paid from the estate and then divided. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

Funeral expenses are not within the scope of inheritance, and the testator can only dispose of the personal property that he legally owned during his lifetime. Funeral expenses, pensions, etc. are all property with special purposes after death, specially used to pay for the funeral expenses of the deceased or the spiritual comfort of the family, so they do not have the nature of personal property, and the testator naturally cannot dispose of these properties in the will, even if they are disposed of in the will, then this act is invalid. However, the personal property legally owned by the elderly during his lifetime shall be executed according to the will, and if there is no will, it shall be inherited according to the law.

According to the provisions of the Inheritance Act, the funeral expenses are first paid by the estate of the deceased, and if the estate of the deceased is insufficient to pay the funeral expenses, the heirs of the deceased bear the shortfall.

Funeral expenses are related expenses incurred by the close relatives of the deceased when handling the funeral affairs of the deceased, generally including corpse transportation expenses, cremation fees, farewell ceremony fees, urn purchase fees, ashes storage fees, etc. The funeral expenses paid by the deceased's unit are a kind of economic help for the relatives of the deceased to handle funeral affairs, and it is used to solve the practical difficulties encountered by the deceased's family in the funeral expenses.

The burial of the deceased is the obligation of close relatives or heirs of the estate, and it is also the moral requirement of public order and good customs in our country, and letting the deceased rest in peace is also a kind of comfort to the relatives of the deceased. The funeral expenses paid by a relative or heir may be deducted from the funeral expenses paid by the unit, and if the funeral expenses paid by the unit exceed the actual expenditure, the excess part may be reasonably divided with reference to the principles of estate treatment in the Estate Law. The heirs in the first order are equally divided:

Spouse, parents, children. In the absence of the first-order heirs, or if the inheritance is completely renounced, the second-order heirs are divided equally: siblings, grandparents, maternal grandparents.

The burden of the deceased's funeral expenses should be determined according to different circumstances: first, when the deceased has a tortious relationship, work-related injury insurance relationship, labor contract and employment relationship, social insurance relationship, etc., there are items for the payment and bearing of the funeral expenses, which shall be used in accordance with the principle of non-compensation and non-refund. Second, it is paid out of the deceased's estate, and if there is no inheritance, the deceased's heirs bear it.

Legal Analysis: Generally allocated to the actual expenses of the funeral expenses. Funeral expenses are the compensation of the social security department or unit for the family of the deceased to deal with funeral matters, and the payment of funeral expenses should be handled in accordance with the principle of who pays who owns.

** And the funeral expenses issued by the work unit do not belong to the inheritance, and cannot be divided into land by inheritance. If there is any surplus, the relationship between relatives and the deceased may be referred to, and the deceased may be divided according to the principle of mainly caring for and relieving the relatives who were unable to work who needed to be supported during the deceased's lifetime, compensating the relatives who took care of and supported the deceased more during his lifetime, and taking into account other relatives.

Legal basis: "Regulations on Work-related Injury Insurance" Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of the employee in the overall area in the previous year, and (2) The pension for dependent relatives shall be paid to the relatives who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department: (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this paragraph.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

When the parents pass away, the daughter has the obligation to bear the funeral expenses. According to the General Principles of the Civil Law of the People's Republic of China and the Marriage Law of the People's Republic of China, children should fulfill their obligation to support their parents, including funeral expenses. Gender should not be a determining factor in whether or not to assume obligations, whether it is a son or a daughter, should bear these costs.

In the Marriage Law of the People's Republic of China, there is no provision that the son must bear the funeral expenses. However, in traditional Chinese culture, the son is the representative of the male in the family, and the responsibility for the continuation and inheritance of the family falls on his brothers. Therefore, in traditional culture, there are many sayings that stipulate that the son bears the funeral expenses, but this does not represent the law.

In modern society, men and women are equal, and duties and responsibilities should not be based on gender.

Not illegal. Funeral expenses are first paid by the deceased's estate, and if the deceased's estate is insufficient to cover the funeral expenses, then whoever inherits the estate of the deceased will bear the shortfall. Therefore, the trouser Zhao Nuyuan Chunyouer was unwilling to share the funeral expenses. It's not illegal.

It is not a crime, it is just an internal conflict and economic dispute within the family.