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1. Your sisters and sisters have the right to ask for it!
Article 9 of the Inheritance Law Men and women are equal in inheritance rights.
And the oral will must be witnessed by more than two witnesses!
Article 17 of the Inheritance Law A notarized will shall be handled by the testator through a notary public.
The self-written will shall be written and signed by the testator, indicating the year, month and day.
A scrivener will shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, indicating the year, month and day, and shall be signed by the scrivener, other witnesses and the testator.
A will made in the form of a recording shall be witnessed by two or more witnesses.
The testator may make an oral will in a critical situation. An oral will should be witnessed by two or more witnesses. After the critical situation is resolved, if the testator is able to make a will in written or recorded form, the oral will made is invalid.
But your sister or sister may lose the right to win the lawsuit after the statute of limitations!
Article 8 of the Inheritance Law The time limit for initiating litigation in inheritance disputes is two years, calculated from the date on which the heirs knew or should have known that their rights had been infringed. However, if more than twenty years have elapsed since the commencement of the inheritance, no further proceedings may be filed.
2.Under the condition of having the ability to support, the daughter has the obligation to support the elderly!
Article 21 of the Marriage Law: 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.
Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
3. Whoever your father's debts are paid only within your own share of the property!
Article 33 of the Inheritance Law The inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.
If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.
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Of course, if she does not fulfill her maintenance obligations, she can only share a little The question is whether she has the ability to support (whether she has an independent economy**) As for your father's debts, she only has the obligation to repay the debts within her own share of the property, to use an analogy: you and your brother each divided 2 acres of land, and she only divided 1 acre, so she only repaid the debts within the scope of her own profits That is to say, if you can get 1000 a year for an acre of land, you should repay 1000 You have to repay 2000
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The land is not within the scope of inheritance of the state, and the land given to you by your father has no legal effect, and the land was originally planted by the state for you, if there is your sister who is hers, if she marries elsewhere and is newly allocated to the land, then the land that originally belonged to her belongs to your village collective. The debts left by your father shall be paid by his inheritance, and if they are not enough, you may not pay them, because the debts are not inherited, and you can pay them if you want. But you don't have the right to ask the other siblings to pay it back.
But if the debt is borrowed by your father to maintain the minimum living because you do not pay child support, you have to pay it back, and daughters have the same obligation to support their parents as sons do.
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Law is a system of norms enacted or approved by the state and guaranteed by the coercive power of the state, reflecting the will of the ruling class determined by specific material conditions of life. [1] Law is the embodiment of the will of the ruling class and the ruling instrument of the state.
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Since the autopsy was requested by her parents, the costs of defending the student from this draft are borne by her parents and can be resolved through negotiation with them, and a civil lawsuit can be filed on this ground.
Whether the house is a joint property of the respectable family is not only based on the real estate certificate, but also depends on the date of purchase, if it is bought by an individual before marriage, it can be regarded as a personal property before marriage, and if it is bought jointly before marriage or after marriage, it can be regarded as joint property after marriage.
Method of distribution of joint property: After the husband has obtained half of the joint property of the husband and wife, he can inherit the share of the half of the property of the woman jointly with the woman's parents and children.
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Since the autopsy was requested by her parents, the resulting costs should be borne by her parents, and they could negotiate with them to settle the matter, and they could not bear the burden of filing a civil lawsuit on this ground, but if the person died, it was better not to take the road of litigation, and the deceased's property could be used to pay for it.
Whether the house is a joint property is not only based on the real estate certificate, but also depends on the date of purchase, if it is bought by an individual before marriage, it can be regarded as his personal property before marriage, and if it is bought jointly before marriage or after marriage, it can be regarded as joint property after marriage.
Method of distribution of joint property: After the husband gets half of the joint property of the husband and wife, the other half can be inherited jointly with the woman's parents and children.
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This problem is divided into several departments, first, the body is cremated and buried, so that the deceased can rest in peace. Second, the cost of the autopsy and the mortuary fee are out of it, and of course Min Ji can negotiate to deal with it better. Thirdly, half of the joint property belongs to your eldest brother, and the other half is inherited by your eldest brother, the 3-year-old girl and the woman's parents.
Fourth, if a house in a rural area was built or bought before marriage, if it is pre-marital property, others will not share it, and if it is not, it will be divided according to Article 3.
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It is correct to disagree with the cause of death and his relatives to request an autopsy, but the conclusion of the appraisal has been made, and it is better to let the ancients be buried in peace, and the question of cost should be resolved through negotiation. If the property is the joint property of the husband and wife, the parents have the right to inherit it. Heirs inherit in the order of the legal order, i.e.:
Spouse, children, parents. Her parents have no obligation to support their granddaughter.
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The autopsy was requested by her parents, and the cost was borne by her parents, and it was okay to negotiate a settlement, and if she did not bear it, she could file a civil lawsuit.
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The autopsy fee was paid by her parents, and the lawsuit could not be negotiated.
There is no problem with the house, the first inheritance of the estate is the spouse, followed by the parents and children.
Your sister-in-law died, and your brother had full ownership of the house. Your brother is gone, so it's your brother's parents and children to inherit. Your brother is here, there is no such problem.
After the matter was settled, her parents were not obligated to pay child support for the little girl. After all, it is your brother and sister-in-law's children, and your parents are the guardians and guardians of your children.
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If the appraisal proves that it is legal and true, the other party is still unreasonably entangled. Submit a certificate to the public security department, and the public security department will make a determination of suicide death. Then do a funeral and bury the deceased.
If the appraisal fee is stopped, the corpse fee is fully recognized, it must be a member of his own family, and it is also to repay his innocence. The whole case did not involve a question of property, which of course belonged to the father and son.
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Hello, according to what you said, it can be seen that you belong to a relatively disadvantaged group, and as long as you find the right direction to deal with this matter, it is still very easy to deal with.
First, about the situation of your uncle being hit. It can be said that this is not a traffic accident case in the true sense of the word. It is a kind of civil tort regulated by the General Principles of the Civil Law.
Regarding this part, I believe that you should immediately file a lawsuit with the people's court to demand compensation from the other party, and at the same time submit an "Application for Advance Enforcement". Advance enforcement means that when the facts are clear and compensation should be given, the court will first take the other party's money to you. The following is the scope and conditions of the pre-emptive implementation, which you can analyze.
The scope of cases applicable to prior enforcement is: first, cases of recovery of alimony, alimony, child support, pension, and medical expenses; second, cases of recourse to labor remuneration; Third, cases where it is necessary to enforce in advance due to the urgency of the situation. According to the relevant judicial interpretations of the Supreme People's Court, the so-called emergency mainly refers to the following situations:
where it is necessary to immediately stop the infringement and remove the obstruction; It is necessary to immediately stop an act; It is necessary to immediately return the money used for the purchase of raw materials and production tools; Recourse to insurance claims urgently needed for the resumption of production or operation.
In the above-mentioned types of cases, where it is necessary to enforce in advance, the following conditions shall also be met:
First, the relationship between the rights and obligations of the parties is clear. That is, it is clear between the parties who has the rights and who bears the obligations. Advance enforcement is the advance realization of the rights of the right holder, and if it is not clear who has the rights and who bears the obligations between the parties, there is no question of the advance realization of rights.
In judicial practice, it is necessary to ensure that the basic facts of the case are clear, and the people's court can determine who the right holder is and what kind of rights the right holder enjoys based on the facts of the case. The nature of the obligation assumed by the respondent is usually in the nature of an obligation to pay, return or indemnify.
Second, there is an urgent need for the applicant to realize his rights. That is, if the applicant does not realize the relevant rights in advance, he or she will encounter great difficulties in his life or production.
Third, the parties submitted an application to the people's court. Therefore, the request for prior enforcement should be submitted to the people's court on its own initiative, and the people's court cannot take the initiative to rule on the adoption of measures for prior enforcement.
Fourth, the respondent has the ability to perform. Because only when the respondent has the ability to perform, the applicant's application can be realized, and the people's court's ruling on prior enforcement is of practical significance.
Second, on the issue of the reputation of work-related injuries. Your description is not very clear, because I am not sure whether the relationship between your uncle and the employer is an employment relationship or a service relationship.
Labor relations refer to the socio-economic relations established between workers and employers (including various enterprises, individual industrial and commercial households, public institutions, etc.) in the process of realizing labor.
The employment relationship is a relationship of rights and obligations formed by the employee providing labor services to the employer, and the employer paying the corresponding remuneration.
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It should be clarified a little bit about the specific circumstances of the hit. If you go somewhere, for what? At the end of your talk, an employer came out.
First, if the operation is due to work or work, this can be a work-related injury, and disputes arising in the employment relationship should be handled as civil disputes, according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.
Second, if it is not for the above relationship and circumstances, then you can only claim compensation from the car owner. In fact, when you are hit, it should be handed over to the traffic police department to solve, and it will be better for the traffic police to come forward, and now if you want to prosecute, you still have to collect evidence, the determination of responsibility, and the proof of various expenses of the hospital. If you can, you'd better check whether the other party has real estate, collapsed cars, and other property, and you can apply for enforcement first.
Infringement Lawsuits. Of course, when you file a lawsuit, you have to state the circumstances of your uncle's relationship. Sue in your uncle's name.
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Email me and give you details!
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