-
It is the responsibility and obligation of each child to support the elderly, and it has nothing to do with whether they have the right to inherit the inheritance.
If the deceased has a will before his death, the will shall prevail; If there is no will, it shall be inherited according to the law.
Relevant Laws
Inheritance Law of the People's Republic of China
Article 9 Men and women are equal in inheritance rights.
Article 10 The inheritance shall be carried out in the following order:
First order: spouse, children, parents.
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. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.
The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
Data Extensions
Inheritance refers to the transfer of property to others due to death during his lifetime, and the deceased is the decedent; The property left behind by the decedent at the time of death is the inheritance; The person who inherits the estate of the decedent in accordance with the provisions of the law or the lawful will of the decedent is the heir; The right of inheritance enjoyed by the heir in accordance with the direct provisions of the law or the legal will made by the decedent is the right of inheritance.
-
This is not necessarily, it depends on the old man's will.
It is the duty of every child to take care of the elderly, and the inheritance of the elderly depends on the distribution of the elderly themselves, not what you want to get.
-
Hello, that's not the case.
Because the legal inheritance is divided into wills, bequests, bequest maintenance agreements and statutory inheritance, the inheritance of the elderly should be inherited in accordance with these methods.
If the elderly have made arrangements for their inheritance before their death, such as making a will, bequest or bequest maintenance agreement, the estate should generally be handled according to the wishes of the elderly; If the elderly person does not enter into any agreement, the estate will be dealt with according to the legal inheritance.
In legal inheritance, the parents, children, and spouse of the decedent are the first in line of succession, and the siblings, grandparents, and maternal grandparents are the second in line of succession.
It is only between the heirs who have the right to inherit that whether or not to take care of the elderly may affect the share of the estate distribution. Heirs who have fulfilled their primary obligation to support the elderly or who live with the elderly may receive a little more in the distribution of the estate, and heirs who have the ability and conditions to support and who do not fulfill their obligation to support shall receive no or less share in the distribution of the inheritance.
You can refer to it according to your specific situation, I hope ours can help you.
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. 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 1130 The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in living and lack the ability to work 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.
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.
-
Summary. Hello dear, happy to serve you <>
It does not mean that whoever takes care of the elderly will inherit the inheritance. In the case of statutory inheritance, if the person with the ability to support does not bear the responsibility of support, the inheritance is generally not divided or less, so it is correct to a certain extent that whoever supports the inheritance inherits.
Whoever takes care of the elderly will inherit the inheritance
Hello dear, happy to serve you <>
It does not mean that whoever takes care of the elderly will inherit the inheritance. In the case of statutory inheritance, if the person with the ability to support does not bear the responsibility of support, the inheritance is generally not divided or less, so it is correct to a certain extent that whoever supports the inheritance inherits.
Parenting and inheritance are two different things. It is stipulated that when the deceased dies, it is necessary to see the will, and if there is a will to designate an heir, the inheritance shall be executed according to the will. If there is no will, the inheritance shall be divided equally among the first order of heirs of the deceased, the spouse, children, and parents of the deceased.
The first in line of succession in the Inheritance Act is the spouse, children and parents of the decedent. Therefore, if Zhao's son A did not die, Zhao's property should be inherited by Zhao's wife and Zhao. Now that Zhao's son died before Zhao, according to the provisions of "if the widowed daughter-in-law has fulfilled the main maintenance obligation to her father-in-law and mother-in-law, and the widowed son-in-law has fulfilled the main maintenance obligation to her father-in-law and mother-in-law, she shall be the first-order heir", assuming that B has fulfilled the maintenance obligation to Zhao, Zhao's wife, B and C should inherit Zhao's property, and the inheritance basis of C is "if the child of the decedent dies before the decedent, the direct blood relatives of the children of the decedent shall inherit by subrogation". >>>More
Grateful heart, thank you for accompanying me all my life and giving me the courage to be myself;
Love is the only way to be together, isn't it?
Both people should pay attention to each other! >>>More
The vowel old man (, whose real name is Li Zhongding, was born in Hefei City, Anhui Province, is an accomplished monk of Buddhism, a lifetime of spreading the heart center method, Buddhist works and other bodies, and is the third generation patriarch of the heart center method of unphased secrets.
If the husband is not busy at work, it is better for the husband to take care of it, you can help take care of the children at night, you can cook during the day, if the husband is not free, then you can only play with the mother-in-law or the mother-in-law.