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This is obviously unfair, sons and daughters are the same, and legally they all have the right to inherit property.
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I don't think such an old man is worthy of his daughter's pension for him, it's too partial, if the property is divided like this, then the son will be able to raise it alone.
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I think this kind of old man is really terrible, but the girl is not stupid, I don't think anyone who is sober will let the old man's idea come true.
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Personally, I think it's really unfair for the old man to do this, and he doesn't know how to consider his daughter's feelings at all, a patriarchal thought, which is vividly expressed, which will hurt his daughter's heart.
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In my opinion, this old man's idea is really a bit unrealistic, because this idea is very biased, and it is really outrageous to leave all the property to his son and expect his daughter to be responsible for the elderly.
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I think it's excessive. This is a very serious patriarchy, and instead of giving love to the daughter, the daughter is given all kinds of responsibilities.
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As a daughter, you should communicate with the old man about some things, the daughter supports a part, the son supports a part, and the daughter can't support all of them.
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As a daughter, if she feels very sorry for her old man, then she should give it to her old age, and if she is not distressed, she will throw it to her son, in fact, it depends on her own personal quality, and others can't stand it.
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At this time, you can defend your rights through legal means, because the children are originally the legal heirs, and it also shows that the old man's behavior is very unfair.
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As a daughter, she should support the elderly reasonably, but she still has to discuss some things with the old man's son, and the two parties can support them together, and you can't wrap all the responsibilities on yourself.
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Summary. Then we chose to let the old man sign an agreement at a critical moment, that is, when the old man gave all the property to his son. Let the elderly sign an agreement, which clearly indicates that the elderly's future pension problems will be borne by the son, and the daughter does not need to bear any responsibility and financial compensation.
Most of the old people must claim that there is no problem, but if the son stands up and claims against it at this time, then it means that the son is definitely not a filial person. As a daughter, she can actually see more things clearly and keep her own rights and interests.
The old man's property was given to his son, and how to solve it by letting his daughter support the elderly.
Then we chose to let the old man sign an agreement at a critical moment, that is, when the old man gave all the property to his son. Let the elderly sign an agreement, which clearly indicates that the elderly's future pension problems will be borne by the son, and the daughter does not need to bear any responsibility and financial compensation. Most of the old people must claim that there is no problem, but if the son stands up and claims against it at this time, then it means that the son is definitely not a filial person.
For the sake of the daughter, you should reasonably support the elderly, but you still have to discuss some things with the old man's son, and the two parties can support them together, and you can't wrap all the responsibilities on yourself.
For the sake of the daughter, you should communicate with the old man about some things, the daughter supports a part, the son supports a part, and the daughter can't support all of them.
At this time, you can defend your rights through the law, because the children are originally the legal heirs, and it also shows that the old man's behavior is very good.
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These old people are very unfair, especially patriarchal, they treat their daughters as outsiders in their hearts, so they do this, and they never consider their daughter's feelings.
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These old people are very selfish and patriarchal, they feel that their sons are their own children, and they feel that their daughters should pay for the family.
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Nowadays, many old people still value their daughters in their ideological concepts, and they always think of their daughters when supporting the elderly, but they always leave their property to their sons, which is very unfair.
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First, the children do not respect the elderly, and the elderly feel that the children do not deserve their inheritance; The second is that the old man is very selfish, and would rather keep his property hidden than leave it to his children.
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Some elderly people are reluctant to leave their property to their children, because they usually do not receive a lot of care from their children, and because they usually do not give the elderly too much affection they want, and even do not let the elderly feel the feelings of their children for him, and it may be because the children usually abuse the elderly, and finally it may be because the children are very selfish, they often fight in order to be able to get assets from the elderly, so they are unwilling to leave their property to them.
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The children of the elderly do not have the obligation to support them, and they are unwilling to live with the elderly, and they are not given to the elderly whether they are spiritual companionship or companionship in life. And they are not willing to deal with some of the problems of the elderly according to the wishes of the elderly.
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First of all, it is to worry about yourself, if you have some money in your hand, you should keep it, so that you can live better and enjoy the fun of life when you are old, and there is also a point in order to prepare for emergencies, after all, after the elderly are old, they have some money in their hands, and when they are sick, they can take it to see a doctor, and they don't have to trouble their children.
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Children are not filial, regardless of their parents' pension, only worry about their parents' pension money, children are not united, they all try to get benefits from the elderly, children do not learn good morality, disgusted that their parents' family is too poor, and cut off relations with their parents.
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It may be that the children are very bad to the old people and do not treat the old people well, so the old people are unwilling to leave their property to them, and it is also possible that the relationship between the children and the old people is not good, and the old people want to take the money to defend themselves, so they do not give them the money.
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First, the child does not care about the elderly, but only knows how to be busy with his own affairs; Second, it is important that the child does not come back when they need it, and that they show up when they need it most; Third, the time between children and parents is relatively short, and the relationship is not deep.
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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.
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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.
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If the children are very filial, they can hand over the property to the children to manage, if the children are not very filial, it is best to manage the property by themselves, because the money is the most assured only when it is in their own hands, and the individual is more late to manage the property by himself.
In China, many elderly people will face the problem of property distribution, some old people will have a pension will be better, some old people because they have no fixed job, have been living by odd jobs, and do not have too much property, but most of the old people are willing to hand over their property to their children to take care of regardless of how much money they have, which also leads to some old people who encounter those unfilial children, not only their own lives are not guaranteed, but the money they have worked hard to save is also wasted. At this time, I no longer have the ability to work when I was young, so I can only spend the rest of my life alone, or turn to society for help.
There is a saying in China called "children and grandchildren have their own children and grandchildren", persuading those who want to leave their property to their children, save their own money, and finally the children turn against each other because of these properties, although it is a legal obligation for children to support the elderly, but in real life there are indeed many children in the name of unfair distribution of property by the elderly, not filial piety and respect for the elderly, even if the law is enforced by the law, these children can not get the family affection they deserve. Therefore, it is better to keep the property in your own hands, so that those children who have plans will also visit the old man for the sake of money.
If the children are very filial, they can take out part of the property and hand it over to the children to manage, after all, they must know how to pick up more financial knowledge, but they should agree to just manage, not give it to these people, after all, sometimes they are more confident with their own things.
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It should be handed over to your children to manage, after all, you are old, and your memory ability is not good, and when you hand it over to your children when you are scattered, you will also be able to sell it at ease, and you will have a good financial management, you will not lose your money, and you will dig a hole to have a good inheritance.
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