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I think the daughter can sue the old man in court, because the inheritance also belongs to the daughter, and it is not appropriate to give it all to the son.
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Women should accept the reality because there is no way to change this situation, and many old people in real life will make such a choice, as long as they do what they should do.
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The old man has the right to distribute his own inheritance, and if the old man voluntarily gives it to his son, then the daughter can't do anything. If the daughter has also fulfilled her responsibility to support her parents, then she can find a third party to try to communicate.
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In this case, you can go to the court to file a lawsuit, not only the son can enjoy the old man's inheritance, but the daughter also has the right to enjoy the inheritance, and it is divided fifty and fifty.
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The daughter doesn't have to care, how to treat the old man is still how to treat the old man, after all, the money given by others will always run out, and only the money earned by herself is the most reliable.
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If the old man dies and gives all the old man's inheritance to his son, the old man's daughter can sue. However, it is necessary to judge whether there are sufficient reasons to divide the inheritance among the sons, whether the daughters have the same inheritance rights, and so on. China's law has clear provisions on the issue of inheritance distribution, so that suing the people's court in accordance with the provisions of the law can indeed fundamentally solve the problem.
Balance. <> in this case, there are two situations, one is that the old man makes a will and gives all his inheritance to his son, then even if the old man's daughter sues, it will not have the slightest impact, and the court will not award the inheritance because of the lawsuit. Another situation is that according to the so-called customs and habits of our country from ancient times to the present, after the death of the old man, the inheritance is automatically assigned to the son, and it is believed that the current situation of the daughter will be sentenced to be relieved and determined as an outsider according to the water spilled by the so-called married girl, so at this time, the daughter's lawsuit can get a certain amount of legal protection and protect her real legitimate rights and interests.
may be blamed by many people from a moral point of view, because it seems that raising children to prevent old age, sons are supporting their parents in their old age, and daughters, as a so-called outsider, should not be entrusted with the property of the family. But in fact, it is now the 21st century with a complete legal text and a sound system as well. After the public has been educated at the top, the gender of the children of the gender is no longer a moral standard.
So, in my opinion, no, both sons and daughters should have a common obligation to support the elderly, and at the same time have the right to inherit.
Therefore, whether the old man's daughter sues or not depends on whether the old man has made a will, and whether he voluntarily donated the property to his son in his will. If there is indeed a will, then the daughter's lawsuit will have no meaning and result, but if there is no will, it belongs to the old man's death, according to the so-called national conditions and customs, the property is given to the son, then the daughter's lawsuit can be powerful. According to the inheritance law of our country, it can be known that sons and daughters have the same inheritance rights, and they both belong to the second in line of succession, so there is no distinction between men and women in inheritance.
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If it is proved that the old man is in a state of sober state and there are witnesses to prove that the will was made, then the daughter cannot sue.
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If the old man dies and sues his son with all his inheritance, can the old man's daughter sue his brother? If they leave a legal will during their lifetime, and all the property is given to their son after death, there is nothing they can do about the daughter.
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Inheritance is a sensitive and complex topic, involving family, affection, law and other factors. Within the framework of the law, children are the legal heirs of their parents, but if the children are unfilial and irresponsible, resulting in the parents being unable to rely on the children for a living and care, then it is understandable that the parents should consider leaving the inheritance to someone else.
However, in this case, it is advisable to communicate and persuade the children first, understand the cause, and solve the problem as much as possible, rather than considering the inheritance issue first. In addition, if it is really necessary to appoint non-immediate family members as heirs, it is necessary to clearly express one's wishes through legal means such as wills, and to do so within the scope of the law, so as to avoid inheritance disputes and legal problems. It is best to seek the advice and advice of a professional lawyer during this process to ensure the legitimacy and fairness of the estate.
Older people should consider making a will to plan for inheritance, which can ensure that the estate is distributed according to their wishes and avoid unnecessary disputes. When making a will, the elderly can consider the following chiropractic questions:
Legality. The will must comply with the laws of the country, otherwise it may be ruled invalid by the court.
Fairness. Older people should consider a reasonable distribution of property without favoritism to any one heir to ensure fairness.
Enforceability. Older people should consider whether the heirs have the financial resources or ability to manage the property.
Changeability. Seniors should consider whether the will can be modified based on future changes.
In addition, the elderly can also communicate with their children, explain their wishes and ideas, and strive to reach a consensus, so as to avoid family conflicts and discord caused by property distribution issues.
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If Lu Nianguo made arrangements before his death, this is a gift, and the old man can freely dispose of and destroy his property.
To see whether he is the legal heir, if the subject is eligible, he can file a claim with the court to request the exercise of inheritance rights.
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The old man's bereaved property was given to his children, and the children inherited it legally.
If the deceased has made a will before his death and appointed his estate to his children to inherit, then Sun Zi has no right to inherit if he has not been appointed as another legal heir.
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Summary. Generally, in the case of inheritance and gift disputes and property division disputes, there are two main ways to protect our rights: one is to actively negotiate with other heirs; The second is to file a lawsuit with the people's court within the statutory time limit.
If the old man gives the inheritance to his son and not to his daughter, how should the old man bear the expenses when he is sick.
Hello, what you raised is a series of property issues related to inheritance, family wealth and property gifts and family separation, which generally involve the standard of pension division, the validity of the old judgment of the will, the legal order and share of inheritance and how to divide the family, the inheritance process and the infringement of inheritance rights and rights protection. Depending on the situation of the specific case, the impact on the outcome will also be different.
Well. Usually in the case of disputes over inheritance and gift, there are two main ways to protect our rights: one is to actively negotiate with other heirs; The second is to file a lawsuit with the people's court within the statutory time limit.
What the lawsuit says.
You can add a specific description for further analysis.
The old man gave all his inheritance to his son.
His spouse also did not receive an inheritance.
Now it's the old man who is sick.
If you want to pay for it, how should this money be paid?
It was the father who died, and the mother was still alive, that is, the mother was sick.
Let the son bear it with the property of the old man.
He said the money was for his grandson and his granddaughter, as well as his old man's mother.
It is said that it is 57,000 yuan, with 10,000 yuan for his grandson and 10,000 yuan for his granddaughter.
It may be that there is still 7,000 yuan to give. Death of the father of the mother.
Now the son wants his sister to share the money.
How to say. Is it still there.
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I think that a 30-year-old unmarried girl makes a will and inherits it to her mother, and this kind of will is not suitable and necessary for everyone.
First of all, the girl should be younger than her mother, as long as there is no accident, the girl's mother should go ahead, it should be the older person to make a will, and leave a legacy to the younger generation, if the mother goes before the girl, what is the point of making a will?
If the girl still has brothers and sisters, when the mother dies, the money that the girl left to her mother may become the mother's inheritance, according to the law, brothers and sisters can share the mother's inheritance, then the brothers and sisters will definitely turn against each other because of the money, so leaving the property will only bring hatred to the family.
Only if a girl is seriously ill and has an accident, then it makes sense to make a will in advance and leave the property to her mother.
However, if the girl really dies unexpectedly in advance, her mother can legally inherit her daughter's inheritance, unless the girl has brothers and sisters, has a non-division of the girl's property, and wants to take possession of it, and the girl does not want to leave the money to her brothers and sisters, then it is the past.
If this is the case, then the girl's brothers and sisters must want the girl to die early, and the brothers and sisters and the girl's mother may also be discordant for the sake of money.
Again, the girl is now unmarried, if she gets married one day and has a family and children, then make a will before marriage, and the inheritance is all given to her mother, how to use the money for your own family, raise children, educate children, and what should I do if my family is seriously ill and needs money?
If you make a will before marriage, and use the money for the family after marriage, and there is not much money left for your mother, the mother has been thinking about her daughter's money for the rest of her life, and the daughter spends the money lavishly, and the mother wants to see through it, and there is still a little extravagant hope for the daughter's property, the mother will definitely complain about her daughter and spend my money lavishly, and it is not impossible for the mother and daughter to hate each other because of money.
A 30-year-old girl is unmarried, and she will give her property to her mother, and there is only one situation that will be like this, that is, the girl has a lot of property, and the girl has an incurable disease, and there is not much time, and other relatives want to scrape the girl's property.
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The owner of the property has the right to give the property to anyone, and if it is illegal to forcibly stop it, he can only persuade him, otherwise he will accept the status quo.
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1. The old man's estate has a will to his son, and he can not share it with his daughter
According to the provisions of the Civil Code, the testator makes a will to dispose of his property, as long as it complies with the provisions of the law, he can give it to whomever he wants, and he can dispose of his property at will. Although there is a clause on equality between men and women in legal succession, in testamentary succession, as long as the will made by the testator meets the requirements for the validity of a legal act, it is valid, and even if all the property is given to the son, it is the expression of the testator's free will, and no one else can interfere.
Article 1133 of the Civil Code A natural person may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor.
A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.
A natural person may make a will to give his personal property to the state. Organizations other than collectives or legal heirs. Individual.
A natural person may establish a testamentary trust in accordance with the law. 2. Statutory requirements for wills.
Paragraph 2 of Article 1134 of the Civil Code of the People's Republic of China stipulates that a self-written will shall be written by the testator himself, signed and marked with the year, month and day. According to this provision, the requirements for a self-written will are:
1. The testator must write the content of the will and sign it;
2. The testator must write the full text of the will with a pen in person;
3. The year, month and day must be indicated, and all three are indispensable.
In addition to this, there are the following requirements for a will to be valid:
1. The testator must have full capacity for civil conduct.
That is, only a will made by a person who has reached the age of 18 and is in a normal mental state can effectively dissipate the deficiency.
2. The will must be the true expression of the testator's intentions. Wills made under duress and fraud, as well as wills that have been tampered with or forged, are invalid.
3. The content of the will shall not violate the law and shall not harm the interests of the state and the collective.
4. The will should reserve the necessary share of the estate for the heirs who lack the ability to work and have no livelihood;
5. Property belonging to the state, collective, or others shall not be disposed of.
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OK. If the parents have a will during their lifetime, it is okay to donate the estate to charity or to others instead of giving it to their children. Parents have a legal will not allow their children to inherit, children give up, or there are circumstances where they should be deprived of inheritance rights in accordance with the law.
Citizens may make a will to dispose of their personal property in accordance with the provisions of this Law, and may appoint an executor. The will must express the true intention of the testator, and the will made under duress or deception is invalid. A forged will is invalid.
If the will is tampered with, the tampered content is invalid.
Parents may not have to support their children, as long as they do not prosecute. Parents have the right to dispose of personal property, i.e., they have the right to make a will to designate personal property to be inherited by one or more of the legal heirs, without the consent of the children. From a legal point of view, a child cannot give up his or her obligation to support his or her parents, even if the child fails to inherit property.
Parents have the responsibility for the upbringing and education of their children, and children have the obligation to support and support their parents. When a parent loses the ability to work or has difficulty in living, he or she has the right to demand alimony from his or her children or to fulfill the obligation to support them. It is the legal duty of citizens to support their parents, raise their children, and take care of their spouses.
The obligation of children to support their parents is a legal obligation that children must fulfill under the law. In any case, the child is subject to a duty of support to his or her parents, and if he or she fails to do so, he or she is liable for civil liability for the payment of alimony.
1. How to handle a will.
Civil Code (implemented on January 1, 2021).
Article 1134:A self-written will shall be written and signed by the testator himself, indicating the year, month, and day.
Article 1135:A will written on behalf of the testator shall be witnessed by two or more witnesses, one of whom shall write on behalf of the testator, the scrivener and other witnesses shall sign it, indicating the year, month, and day.
Article 1136:Two or more witnesses shall be present to print a will. The testator and witnesses shall sign each page of the will, indicating the year, month and day.
Article 1137:A will made in the form of an audio or video recording shall be witnessed by two or more witnesses. The testator and witnesses shall record their name or likeness, as well as the year, month, and day in the audio or video recording.
Article 1138:The testator may make an oral will under critical circumstances. An oral will should be witnessed by two or more witnesses. After the critical situation is eliminated, if the testator is able to make a will in writing or in the form of an audio or video recording, the oral will made is invalid.
Article 1139:Notarized wills are to be handled by the testator through a notary public.
Article 1140:The following persons cannot be witnesses to a will:
1) Persons who lack or have limited capacity for civil conduct, as well as other persons who do not have the capacity to witness;
2) heirs and legatees;
3) Persons who have an interest in heirs or legatees.
Liu Xinze (Yu).
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The old man gave all the family property to his granddaughter, does the son have the right not to provide for the elderly? The son has no right not to support the elderly, because the old man raised you when he was a child, in the law of the country, the old man is old, you should be filial to the old man, Lao Tzu life This is also a kind of national regulation.