Can a child who does not have support for the elderly be able to share the pension? How much do you

The parties' request for the division of the pension is legally a division of the joint property.

Close relatives mainly refer to the deceased's spouse, parents, children, siblings, grandparents, grandchildren, and grandchildren. Although the pension does not belong to the estate, it will be distributed in the order of the heirs of the estate, the first order is the spouse, parents, children, and the other people are the second order, and if there is no person in the first order, the pension will be distributed among the people in the second order.

So, how to divide the pension is not clearly defined in the law. According to the current policy of the country, a person who is entitled to pension benefits must meet two conditions at the same time:

First, it must be the immediate family member or spouse of the deceased; The second is the person who was mainly or partially supported by the deceased during his lifetime.

Therefore, a person who has not fulfilled his obligation to support the deceased during his or her lifetime is not entitled to a pension. The specific division of the death benefit shall be settled by the parties through negotiation, and if the negotiation fails, a lawsuit may also be filed with the court. The court generally deals with the pension in accordance with the principle of equal division, and at the same time divides the pension according to the objective circumstances of each close relative, as appropriate.

There are two main types of treatment issued by the unit to the family members who die not due to work, one is the funeral expenses, and the other is the relief expenses for supporting the immediate family. Neither treatment is an inheritance, and the funeral expenses should be used to deal with the deceased's funeral, while the relief expenses for dependent relatives are paid by the unit to eligible immediate family members.

As long as the relatives meet the scope and conditions for supporting relatives, they can enjoy the relief fee for supporting relatives. If no one meets the conditions, the employer may not issue this benefit.

The children who do not support the elderly are still the heirs, and if there is no testamentary division, they also enjoy the inheritance rights left by the elderly, and their inheritance rights have not disappeared.

The children who do not support the elderly can also be ordered to enter, but they will definitely be divided, and the children who mainly support their parents can be divided, even if it is a lawsuit, it is reasonable, because he has not seen the main maintenance obligation, as a child, if the old man has a will, he will not give him property.

According to Article 1128 of the Civil Code [Subrogation] If the children of the decedent die before the decedent, the direct descendants of the decedent's children shall inherit by subrogation. Your uncle's son is also entitled to inherit your grandmother's estate, if only in terms of legal inheritance. And legally, the pension is not part of the inheritance, as shown in the figure below.

It is recommended that the landlord find a professional lawyer to consult and entrust, this kind of case is more complicated.

As long as the old man does not have a will, and the woman who does not support the elderly, she also has the right to inherit in law, and it should be divided equally according to the law.

Children who do not support the elderly should not be able to share the pension, and if they do, they should only receive a small part, because the children who do not support the elderly themselves cannot get the old man's things.

Summary. Legal basis: Article 1127 of the Civil Code The inheritance of the estate 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.

Dear, the boss is good, if you don't support the elderly, you can share the pension of Xun Jian Li Jin. Can be divided. A pension is not an inheritance and cannot be used for inheritance.

However, it can be distributed by relatives by the method of inheritance. For those who do not support the elderly, the pension shall be reduced or not shared. Therefore, if you do not support the elderly, you can share the pension, but you do not have to share the pension late.

Legal basis: Article 1127 of the Civil Code The inheritance of the estate shall be in the following order: (1) The 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, illegitimate children, adopted children, and dependent stepchildren. The term "parents" in this part includes biological parents, adoptive fathers, and stepparents who have 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.

Dear, the boss is good, if you don't support the elderly, you can share the pension. A pension is not an inheritance and cannot be used for inheritance. However, it can be distributed by relatives by the method of inheritance.

For those who do not support the elderly, the pension shall be reduced or not shared. Therefore, if the pension is not supported, the pension may be shared, but the pension is not required. Pension refers to the expenses paid by state organs, enterprises and institutions, and collective economic organizations to the families of SI persons or disabled workers.

When a worker or employee is determined to be disabled due to work-related injury, and after retirement from work, he or she is completely out of labor and cannot work, and if he needs help in eating and living, he or she will be paid a work-related disability pension until the time of his death. Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his immediate family members shall receive a sanzang subsidy, a pension for dependent relatives and a work-related death subsidy from the work-related injury insurance in accordance with the following provisions:

1) The Sanzang subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; (2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly or orphan who is alone.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died as a result of work. The specific scope of supporting relatives shall be prescribed by the administrative department of labor and social security;

If you don't support the elderly, you still want to share the pension of the elderly, which is inhumane and reasonable.

Although the law may think that you have a share, morally, humanly, you can't get a penny, because you don't have to support the elderly, you can't get this money.

Therefore, we should usually respect the elderly, support the elderly, and only after a hundred years of the elderly can they be at ease.

Because you don't support the elderly, you don't have the obligation to support the elderly, so you generally can't share the blood money of the elderly, or you should share less when you divide it, and you must ask for the consent of others.

It is morally impossible to divide the pension without supporting the elderly, but in the absence of a will, the children have the right to divide it, but it needs to be decided by the court.

Yes, the old man has no support, and he still wants the old man's pension to be unpassable, it is unreasonable, it is unreasonable, but according to the law, it can be shared by the old man's blood payment.

If you don't support the elderly, of course, you can't divide the old people, pensions, even if you support the elderly, then you need the old people to be willing to share your pension, and you don't have the obligation to support and take care of the elderly, how can you want the pension of the elderly?

No, but it still depends on the actual situation, and it is very difficult to obtain or only a small part of the objections raised.