Parents divide the property to their children, because the children are not filial, can they take it

Updated on society 2024-07-15
13 answers
  1. Anonymous users2024-02-12

    After the parents divide the property to the children, if the children are unfilial, of course the parents can take it back, first of all, in the case of the inheritance to the children, there will be a natural advantage, this official clause proves that the children are not smiling, and the parents can hand-draw the property that flies out.

  2. Anonymous users2024-02-11

    Can be retracted. And parents can make a will. Once a bet is valid. Then who the property should be given and how much to give is determined by the will.

  3. Anonymous users2024-02-10

    The parents have divided the property to their children, and because the children are not filial, they want to take it back. If the property has been transferred, it cannot be repossessed unless the other party agrees. However, it is advisable to gather evidence and wash up if necessary.

  4. Anonymous users2024-02-09

    If the parents are not very old, in order to prevent future generations from losing their filial piety, it is better to hold it first. Of course, you can take it back, but if you encounter a very bad situation, the money may run out early, which is a troublesome matter. Children and grandchildren are not filial to the elderly, and they are also bitter, and they may have withdrawn their favors.

  5. Anonymous users2024-02-08

    If the property is not transferred to the name of the child, it is completely recoverable because the child is unfilial. But if it has been transferred to the name of the child, it may not be so easy to take it back.

  6. Anonymous users2024-02-07

    Of course, this can be recovered, but it also requires a lot of procedures, and if your money is in his hands, it will not be so easy to get it back.

  7. Anonymous users2024-02-06

    If it is notarized, the book has legal effect, even if the children are not good to their parents, and the parents are healthy and clear, they can also make a new will and distribute it according to their own wishes!

  8. Anonymous users2024-02-05

    Legal Analysis: It is reasonable for the parents' property not to be divided among their daughters. When the parents are alive, of course, it is okay not to give the property to the daughter, as a child, the child reaches the age of 18, even if he is an adult, he can support himself, legally speaking, the property belongs to the parents, and the parents have the right to dispose of their own property, and they can give it to anyone they don't want.

    Legal basis: Article 1133 of the Civil Code of the People's Republic of China Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors. 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 donate his or her personal property to an organization or individual other than the state, collective, or legal heirs. A natural person may establish a testamentary trust in accordance with the law.

  9. Anonymous users2024-02-04

    If the children do not support the elderly, the property may also be divided. If the supporter does not fulfill the obligation to support, he or she shall receive a small or no share when inheriting the estate. If the heirs who have the ability and the conditions to support do not fulfill the obligation to support the heirs, when distributing the inheritance, they shall not share or receive a small share.

    Can a son inherit an inheritance if he doesn't support the elderly?

    The son does not support the elderly, and the inheritance can be inherited. Those who do not support the elderly, or who have a relatively small obligation to support the elderly, should be morally condemned, but from a legal point of view, such a person does not necessarily have the right to inherit. Generally, in the case of not supporting the elderly, but there is no evidence to prove that Huihui has hurt the elderly, such "unfilial" children still have the right to inherit.

    In this case, when distributing the estate, the elderly can claim that they have fulfilled their main obligation to support the elderly, and ask for an appropriate share of the inheritance.

    How to hold children legally responsible for failing to fulfill their parents' support.

    Parents who need support may mediate through the relevant departments or file a lawsuit in the people's court. When handling maintenance disputes, people's courts shall adhere to the principle of protecting the lawful rights and interests of the elderly, and make children perform their maintenance obligations in accordance with law through mediation or judgment. Those who have an obligation to support but refuse to support, and the circumstances are heinous and constitute the crime of abandonment, shall bear criminal responsibility.

    What are the legal responsibilities of children who do not support the elderly?

    The maintenance of parents is the duty of every citizen under the law. Maintenance refers to the material and living assistance of children or younger generations to their parents or elders, that is, under the existing economic and social conditions, children should financially provide their parents with necessary daily necessities and expenses, and should respect, care and care for their parents in life, spiritually and emotionally. 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.

    For those who do not fulfill their maintenance obligations, the elderly have the right to demand that the supporter pay alimony. If they do not support their parents, and the circumstances are serious, the legal consequences to be borne are as follows: constituting the crime of abandonment or abuse; deprived of the right to inherit the estate of the parents; After being sued by the parents, the court judgment is enforced.

    Legal basis: According to Article 1130 of the Civil Code of the People's Republic of China.

    The share of inheritance inherited by heirs in the same order shall generally be equal.

    Heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing the inheritance.

    Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

    If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

    Where the heirs agree through consultation, it may also be unequal.

  10. Anonymous users2024-02-03

    In our law, parents can recover property from their unfilial children by filing a civil lawsuit. However, it should be noted that the trial of such cases is difficult and requires sufficient preparation of evidence.

    Our country has always attached great importance to family ethics and family harmony, and there are clear laws and regulations on unfilial behavior and the protection of the rights and interests of victims. In China's current law, parents can recover property from their unfilial children by filing a civil lawsuit. According to Article 141 of the General Provisions of the Civil Law of the People's Republic of China, citizens have the obligation to support their parents and grandparents.

    If the failure to perform this obligation causes the parents or grandparents to have real difficulties in their lives, the parents who have been harmed may demand the return of property or compensation for damages in accordance with the provisions of Article 1057 of the General Provisions of the Civil Law. Although the law clearly stipulates the litigation procedures and requirements for such cases, there are still certain difficulties in practice. Because parents are required to provide clear evidence that they have committed unfilial behavior towards their children, insufficient evidence is likely to lead to the dismissal of the case.

    In addition, it also takes a certain amount of cost and effort to identify and trace the property.

    Is there any other way for parents to solve such problems other than recovering property from unfilial children? Legally, in addition to recovering property from unfilial children, parents can also resolve such issues through negotiation and mediation with their children. In reality, family harmony and mutual understanding are the best solutions.

    After all, it is about the feelings between the family and the relationship between relatives, and once the legal process is initiated, the family conflict will worsen, and it is not worth the harm to the family.

    Although it is true that there are such provisions in law for parents to recover the property of unfilial children, in practice, it is necessary to prepare sufficient evidence and patiently track and overcome many difficulties. Therefore, the best way to solve such problems is to understand and support each other on the premise of maintaining family harmony.

    Legal basis]:

    Article 1122 of the Civil Code of the People's Republic of China [Definition of Inheritance] An inheritance is the lawful property of a natural person left behind when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited. Article 1123 of the Civil Code of the People's Republic of China [Effect of Statutory Inheritance, Testamentary Succession, Bequest and Bequest and Support Agreements] After the commencement of inheritance, it shall be handled in accordance with statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

    Article 1124 of the Civil Code of the People's Republic of China [Acceptance and Renunciation of Inheritance] After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the disposition of the inheritance; If there is no indication, it shall be deemed to have accepted the inheritance.

  11. Anonymous users2024-02-02

    A: If your children are not filial, will you leave your inheritance to family members who are not immediate family members? It's a heart-wrenching and helpless question, but it's inevitable.

    Honoring one's parents is the duty of children, and it is also a fine tradition in China for 5,000 years, but it is true that some people do not honor their parents and even abuse their parents. Therefore, the issue of the distribution of inheritance is a very important issue.

    Moreover, it is a very personal and sensitive issue, and the distribution of the inheritance should take into account a variety of factors, such as family values, personal beliefs, personal financial situation and related relationships between relatives. However, if a child engages in serious unfilial behavior, such as abuse, deprivation of responsibility for raising and caring for the elderly, and alienating the family, then leaving them a legacy may trigger certain moral dilemmas. In this case, some people may turn to leaving it to other relatives or friends.

    Without a proper testamentary strategy, there can be serious confusion about the deceased's property rights. For example, in some countries, the law stipulates that if there is no testamentary provision, the estate will be divided equally among all legal heirs, including children, spouses, parents, siblings, etc. In this case, even if you wish to leave the estate to someone else, your child may still be entitled to a significant percentage of the estate.

    Not only that, but disharmony and disputes that arise between family members can also lead to long-term pain and misfortune. So, if the relationship between family members is dead, it's a good idea to contact your local legal, tax, and estate experts before you choose who to leave your inheritance. They will provide personalized advice based on your specific situation to help you make the best decision.

  12. Anonymous users2024-02-01

    I can't give moral and legal judgments and advice, but I can provide some perspectives and references.

    First of all, as parents, we hope that our children can be filial to themselves and responsible for themselves, but in some cases, children will indeed be disappointed or sad, then we need to think calmly and deal with it rationally, and not be swayed by emotions.

    Secondly, the distribution of the estate should be in accordance with the law and personal wishes, if you want to leave the estate to the family members who are not immediate family members, you need to do a good job of legal will and estate planning to avoid inheritance disputes and unnecessary troubles.

    Finally, even if the unfilial child is disappointing, as a parent, you should still try your best to communicate and resolve the conflict, after all, the family is a community of mutual support and love, if it can be reconciled and repaired, then it is also the best choice for Zaimeng.

    To sum up, the inheritance left to the family members who are not immediate relatives needs to consider many factors and legitimacy, and in the case of unfilial children, we should think quietly and rationally deal with it, and try our best to communicate and resolve the contradictions and balance shields, so as to maintain family harmony and personal dignity.

  13. Anonymous users2024-01-31

    Filial piety is a traditional virtue of the Chinese nation, and the unfilial piety of children is an immoral and irresponsible behavior, which makes people feel sad. However, if you are faced with the situation of unfilial piety of your children, whether to consider leaving the inheritance to the family members who are not immediate relatives is a worthy question.

    First of all, we can see that leaving the inheritance to the family members who are not immediate family members is a more extreme approach. In the family, family affection is very important, and the affection between the children and the parents, as the blood of the parents, is irreplaceable. Parents may feel disappointed and sad if their children are not filial, but this does not mean that parents can leave their children behind and leave their inheritance to someone else.

    The relationship between parents and children is one of blood, and this relationship can never be separated. Therefore, even if the children are not filial, parents should try their best to communicate and resolve conflicts, rather than leaving the inheritance to others.

    Second, leaving the estate to a family member who is not an immediate family member may also cause resentment among other relatives. In the family, the relationship between relatives is very complicated. If the parents leave the inheritance to other relatives, this may cause dissatisfaction among other relatives and even cause family conflicts.

    Moreover, if other relatives believe that they should be more suitable heirs, they may resort to some unethical means to fight for the inheritance. These behaviors can lead to an escalation of the family's spearhead and may even affect the relationship of the entire family.

    However, while leaving an estate to a family member who is not an immediate family member may cause some problems, there are also situations where it is necessary. For example, if the parents have no children, or if the children have passed away, then they may consider leaving the estate to other relatives or friends. Moreover, if the child's unfilial piety is very serious, and the parents have tried their best to communicate and solve the problem, but have not achieved any results, then the parents have the right to consider leaving the inheritance to others.

    In this case, the parents may choose to leave the estate to a family member who is not an immediate family member, or they can choose to leave the estate to a charity or other public benefit organization.

    In conclusion, leaving an estate to a family member who is not an immediate family member is a very complex issue that needs to be decided on a case-by-case basis. In any case, parents should try their best to communicate and solve problems, rather than leaving the inheritance to others. Only if the child's unfilial piety is so serious that it cannot be recovered, can the inheritance be considered to be left to someone else.

    However, this practice may cause some problems, and factors such as family ties, kinship relationships, etc., need to be taken into account. Therefore, parents should carefully consider, weigh the pros and cons, and make an informed decision before making a decision.

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