After the death of the old man in the second marriage, who will support the old lady?

Hello, the children of the elderly can support the elderly, and when the elderly lack the ability to work or have difficulties in life, they can also ask the adult children to pay alimony.

If the elderly's children have died or the children are unable to support the elderly, the grandchildren who can afford it have the obligation to support their grandparents, and the elderly can ask their grandchildren to support themselves.

We hope we can help you, and if you have any other questions, please feel free to continue to consult us.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Article 1074: Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.

Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Since the old man has passed away, the old lady is supported by her own children, and other people's children have no obligation or responsibility to support him.

Summary. Hello dear, I'm honored to answer your <>

According to your question "Who will support the old lady after the second marriage", the following is the result of my analysis for you from a legal perspective: maintenance refers to the children to provide the necessary living conditions for their parents materially and economically, and the children, as supporters, should fulfill the obligation of financial support, life care and spiritual comfort for the elderly, and take care of the special needs of the elderly. First of all, biological children need to bear the obligation of support.

Only when there is an actual relationship of upbringing and education between the stepparents and the stepchildren, can the legal relationship of rights and obligations between the parents and the stepchildren arise. If there is no actual relationship between stepparents and stepchildren, the relationship between stepparents and stepchildren is only a relationship of in-laws, and there is no legally fictitious relationship, and there is no legal relationship between parents and children. In this case, the stepchild is not the supporter of the stepparent and is not obligated to assume maintenance responsibilities.

After the death of the old man in the second marriage, who will support the old lady?

Hello dear, I'm honored to answer your <>

According to your question "Who will support the old lady after the second marriage", the following is the result of my analysis for you from a legal perspective: maintenance refers to the children to provide the necessary living conditions for their parents materially and economically, and the children, as supporters, should fulfill the obligation of financial support, life care and spiritual comfort for the elderly, and take care of the special needs of the elderly. First of all, biological children need to bear the obligation of support.

Only when there is an actual relationship of upbringing and education between the stepparents and the stepchildren, can the legal relationship of rights and obligations between the parents and the stepchildren arise. If there is no relationship between stepparents and stepchildren that has become an actual relationship of upbringing and education, the relationship between stepparents and stepchildren is only a relationship of in-law, and there is no legal relationship between parents and children. In this case, the stepchild is not the supporter of the stepparent and is not obligated to assume maintenance responsibilities.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China: If parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support.

Parents whose adult children do not fulfill their maintenance obligations, who lack the ability to work or who have difficulties in living, have the right to demand alimony from their adult children.

Children have the responsibility to support their elderly parents, and if the parents remarry, the biological children bear the responsibility for support.

1. Whether the non-biological child has the obligation to support the stepfather.

Non-biological children have the obligation to support their stepfather, provided that the non-biological child is an adult and has the ability to support and has formed a relationship of support and education with the stepfather. The law stipulates that the provisions of the Civil Code on the relationship between biological parents and children shall apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him. Therefore, as long as there is a relationship between stepparents and children to support and educate, adult stepchildren who have the ability to support must fulfill their obligation to support their stepfather.

2. How to distribute the inheritance after the elderly remarry and die.

If the stepchildren of the elderly remarry and do not have the obligation to support the elderly, they cannot inherit the estate, and the left lead is distributed according to the will of the elderly, and if there is no will, the current spouse and biological children of the elderly shall inherit as the first-order heirs, and if there is no first-order heirs, the second-order heirs shall inherit. However, if the stepchild has fulfilled the obligation to support the elderly, the stepchild may inherit the estate as the first-order heir.

3. Whether the stepchild is obliged to support the stepparent.

Whether a stepchild has the obligation to support his or her stepparents shall be determined on a case-by-case basis.

According to the law, the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the provisions of the relationship between parents and children. Stepchildren who have been raised and educated by their stepparents shall form a relationship between parents and children, and when stepparents lack the ability to work or have difficulties in life, stepchildren have the obligation to support their stepparents; If the relationship between the parents and the children of Huaidong is not formed, the stepchildren have no obligation to support the stepparents, and the stepparents' own biological children shall bear the obligation to support.

If the biological child is unwilling to perform the maintenance obligation, the stepparents have the right to file a civil lawsuit in the people's court and request the people's court to make a judgment to pay alimony to the child.

Article 1067 of the Civil Code of the People's Republic of China provides that where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents whose adult children do not fulfill their maintenance obligations, who lack the ability to work or who have difficulties in living, have the right to demand that their adult children pay alimony to Zhou Liang.