Is it possible to sign with my in laws in advance not to inherit my husband s death compensation?

Updated on society 2024-07-09
7 answers
  1. Anonymous users2024-02-12

    In this case, if you already have children, you should not be able to sign, because children also have the right to inherit property, and if you do not have children, the three of you should go to the notary office to renounce the inheritance together.

  2. Anonymous users2024-02-11

    If the main maintenance obligation is fulfilled, then it will be the first order of succession. If you do not fulfill your responsibilities, you have no right to inherit.

    Legal analysis

    Legal inheritance is premised and based on the blood relationship and marriage relationship between the heir and the decedent. There is no blood relationship between a daughter-in-law and her father-in-law, mother-in-law, and parents-in-law, and the two are related by marriage. In terms of the legal relationship of marriage and family, there is no right and obligation to raise and support each other, so generally no matter whether they are widowed or not, they cannot be the legal heirs of the estate of their father-in-law, mother-in-law or parents-in-law.

    A widowed daughter-in-law and a widowed son-in-law must have fulfilled the primary obligation of support to their parents-in-law or parents-in-law before they can inherit the estate of their parents-in-law as first-order heirs. The fulfillment of the main maintenance obligation is determined by providing the main economic support for the decedent's livelihood, or giving major support in terms of labor services. The inheritance rights of widowed daughters-in-law and widowed sons-in-law to the estate of their father-in-law, mother-in-law or parents-in-law are of an independent nature and can directly and independently participate in the inheritance as the legal heirs in the first order, and are not restricted by whether their children are subrogated or not, nor do they affect their children's right of subrogation, and this inheritance has nothing to do with whether they remarry or not.

    They are still entitled to inherit their parents' estate after they have inherited the estate of their parents-in-law or parents-in-law in accordance with the law.

    Legal basis

    Civil Code of the People's Republic of China Article 1127 Inheritance shall be 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. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

    For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.

  3. Anonymous users2024-02-10

    1. The death compensation is of a personal nature and does not belong to the inheritance of the father-in-law, and does not occur as an inheritance.

    2. In practice, the death compensation is generally divided according to the principle of inheritance, and is obtained by the spouse, parents and children of the deceased as the first-order heirs. The specific share will be divided according to the intimacy with the deceased.

    3. If a widowed daughter-in-law has fulfilled the main maintenance obligation to her father-in-law, she can also be obtained as the first-order heir.

    4. If the above circumstances do not exist, the daughter-in-law has no right to divide the death compensation of her father-in-law.

  4. Anonymous users2024-02-09

    After the death of a husband, as a daughter-in-law, she generally cannot inherit the inheritance of her in-laws. However, if a widowed daughter-in-law has fulfilled the main obligation to support her in-laws, she may be recognized as the first heir in line of legal succession and enjoy the legal right of inheritance. At this time, the daughter-in-law inherits the estate of her in-laws together with other legal heirs.

    Legal basisArticle 1123 of the Civil Code of the People's Republic of China.

    After the commencement of inheritance, it shall be handled in accordance with the 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 1127.

    The estate is inherited in the following order:

    1) First order: spouse, children, parents;

    2) Second order: siblings, grandparents, maternal grandparents.

    Article 1129.

    Where a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, or a widowed son-in-law to her parents-in-law, she is to be the first-order heir.

  5. Anonymous users2024-02-08

    Summary. Hello dear, I am glad to help you answer the question of the parents of the father-in-law inherited by the first-order heirs. After the inheritance begins, it is inherited by the first-order heirs, children, spouses, etc.

    Although the death benefit is not an inheritance, it is generally distributed with reference to the estate. Article 10 of the Inheritance Law (1985) The inheritance shall be in the following order:

    Spouses, adoptive parents and dependent stepparents, dependent stepsiblings, including legitimate children, illegitimate children, adopted children and dependent stepchildren. Parents and adoptive siblings referred to in this Law: siblings, grandparents, maternal grandparents.

    The second order, children, and parents, shall be inherited by the heirs in the second order. The term "children" in this Act includes biological parents, half-siblings or half-siblings.

    Dear, hello, I am glad to help you answer the first order of heirs to succeed the letter inherited by the parents of the father-in-law. After the inheritance begins, it is inherited by the first-order heirs, children, spouses, etc. Although the death benefit is not an inheritance, it is generally distributed with reference to the estate.

    Article 10 of the Inheritance Law (1985) The inheritance shall be in the following order: first order: spouse, adoptive parents, stepparents and step-parents with a dependent relationship, step-siblings with a dependent relationship, including legitimate children, illegitimate children, adopted children and dependent stepchildren.

    Parents and adoptive siblings referred to in this Law: siblings, grandparents, maternal grandparents. The second order, children, and parents, shall be inherited by the heirs in the second order.

    The term "children" in this Act includes biological parents, half-siblings or half-siblings.

    Hello. The distribution subject is the person entitled to compensation for the death compensation. Since the nature of the death benefit is property damage, its content is compensation for the expected income of the deceased's family as a whole.

    Therefore, the first close of the right holder of compensation first refers to the close relatives within the scope of the family members living with the deceased, i.e., the first-order heirs, i.e., spouses, parents, and children, and only when the first-order heirs do not exist at all, the inheritance begins to be carried out by the second-order heirs, i.e., siblings, grandparents, and maternal grandparents.

    What should I do if my father-in-law's compensation has not been given to his son.

    Requests can be made. The property gains obtained after the death do not belong to the estate, but can be distributed by reference to the first order of the inheritance. Principles of distribution of death benefits:

    1.The distribution subject is the right holder of the death compensation. Since the nature of the death benefit is property damage, its content is compensation for the expected income of the deceased's family as a whole.

    And the mother-in-law is now going to remarry.

    Compensation for the metal is in common and there is a certain share, and you can file a lawsuit in court to claim a partition.

    80w is generally like this, how much should the son share.

    The deceased had two sons, two daughters and a mother. Plus spouse.

    Hello are you still there?

    Pro, this first heir is jointly divided.

    Since the nature of the death benefit is property damage, its content is compensation for the expected income of the deceased's family as a whole.

  6. Anonymous users2024-02-07

    In the marriage relationship, if the husband leaves first, the property involved at this time is generally inherited by the wife first, if it is the woman's in-laws, does she also have the right to inherit the husband's property? In order to help you better understand the relevant legal knowledge, I have compiled the following content.

    Is the in-laws entitled to inherit when the husband dies

    The in-laws are the first in the order of succession and of course have the right to inherit.

    The estate is inherited in the following order:

    First order: spouse, children, parents.

    Second order: siblings, grandparents, maternal grandparents.

    1. After the inheritance begins, it will be inherited by the first-order heirs, and the second-order heirs will not inherit. If there is no first-order heir, the second-order heir shall inherit.

    2. The share of inheritance inherited by heirs in the same order shall generally be equal. Where the heirs agree through consultation, it may also be unequal.

    3. Heirs who lack the ability to work who have special difficulties in life shall 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.

    4. If the heirs who have the ability and the conditions to support do not fulfill their obligation to support, the inheritance shall be divided without or less.

    5. Appropriate inheritance can be distributed to those who lack the ability to work and have no livelihood other than the heirs who rely on the support of the decedent, or those who support the decedent more than the heirs.

  7. Anonymous users2024-02-06

    Whether a daughter-in-law can inherit depends on whether she has fulfilled her maintenance obligations. If a widowed daughter-in-law has done her main job of supporting her parents-in-law, the daughter-in-law can inherit her in-laws' estate as the first-order heir.

    Legal basis

    Article 1129 of the Civil Code stipulates that if a widowed Hailwide daughter-in-law has fulfilled the main obligation of support to her parents-in-law and a widowed son-in-law to her parents-in-law, she shall be the first-order heir.

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