■ In principle: the pension is evenly distributed. If there is 1 10,000 and there are five heirs, then each person will be 200,000.
■ When distributing the pension: Generally, this part of the pension cannot be used to offset the debts of the heirs. That is, if the son of the deceased owes his father 200 thousand, that is, the grandson owes his grandfather 200 thousand. Distribution: generally speaking, it is not allowed to say directly: give grandpa 400 thousand, and don't give grandson a penny. Because it is another kind of legal relationship. (Distribution is: inheritance. And the arrears are: economic debt relationship. However, the family can negotiate internally how to distribute the money and pay off the debt when dealing with it.
However, if these debts are owed by the deceased, they must be deducted from his pension, and they must be deducted and paid off before being distributed to his heirs.
Apply for suspension of pension payment
Xxxx company:
The deceased ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
According to national laws, the parents, spouses and children of the deceased have equal rights to inherit the estate/pension.
Attachment: The legal heirs of the deceased are as follows:
Father: Li XXX, male, ID number XXX.
Mother: Li XXX, male, ID number XXX.
Spouse: Li XXX, male, ID number XXX.
Son: Li XXX, male, ID number XXX.
Daughter: Li XXX, male, ID number XXX.
Now, due to the economic debt dispute between heirs Li XX and XX XX, I, as one of the heirs, apply to the unit to stop paying my pension.
I hope your company can approve it.
applicant
Date of application:
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1. Personal injury and death compensation: although it is not recognized as heritage, it is still distributed according to the relevant provisions of the Inheritance Law and the Marriage Law.
2. Inheritance Law: The first order heirs are: parents, spouses and children. If there is no first, the second sequential successor is used.
3. Marriage Law: It is stipulated that compensation for personal injury and death cannot be regarded as the joint property of husband and wife.
Therefore, the compensation is directly and evenly distributed to the heirs of the deceased.
If the deceased bought insurance, such as accident insurance or life insurance, it depends on whether the insurance contract clearly stipulates the "beneficiary". If there is a clear beneficiary, the beneficiary will receive it separately.
6. If there is no agreement on the beneficiary, it shall be directly distributed to the heirs by reference to inheritance, with equal distribution, and how many heirs are divided into equal shares.
■ However, when allocating, we can take proper care of minors, elderly and infirm heirs and allocate more points to them appropriately. The specific allocation will be negotiated by ourselves. Minors are collected by their guardians.
As for compensation, some individual expenses, such as miscellaneous expenses incurred by relatives, such as funeral expenses and transportation expenses, can be paid directly to the actual spenders, and the details can be negotiated internally.
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■ Excerpted from the Marriage Law
Eighteenth in any of the following circumstances, it is the property of one of the spouses:
(1) one party's premarital property;
(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
■ Excerpted from the Law of Succession
Article 9 The right of inheritance is equal between men and women.
Article 10 Heritage shall be inherited in the following order:
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, it is inherited by the successor in the second order.
★ Children mentioned in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
★ Parents mentioned in this Law include biological parents, adoptive parents and step-parents with dependency.
★ Brothers and sisters referred to in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters who are dependent.
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Answered on 20 14-07-24.
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How to write the children's pension application?
Applicant: name of children, legal representative: name of parents, application request: request for pension due to family difficulties. Facts and reasons: write about the difficulties at home. Children's living expenses are high, and there is no income at home. Therefore, it is very difficult to solve the difficulties in life by pension. Thank you! Applicant: date of signature.
Yan Yuan Yixin 2737
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Please ask for a temporary pension due to family financial problems. If you are in doubt about the pension payment due to the sudden death of your father, please postpone the payment.
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This is an emergency! ! ! Pension and property distribution paid by the unit when the father died of illness.
Death pension is a living allowance given by the unit where the deceased lived to the close relatives and supporters of the deceased. Death benefits also contain some spiritual comfort. The death pension occurred after the death of the deceased, so it does not belong to the inheritance. Property rights based on specific identities, such as pensions, cannot be included in the scope of inheritance. Legacy is the personal legal property left by a citizen when he dies, and pension is the spiritual comfort and economic compensation given by the unit to the family members of the deceased or their dependents before his death, which is equivalent to living expenses. The pension paid for death has the nature of comforting his family. Because the pension is not for the deceased, nor is it the property of the deceased before his death, it does not belong to the scope of the inheritance and cannot be inherited as an inheritance. Payment of death pension If the unit where the deceased belongs has provisions on the object of payment of pension, it shall be handled in accordance with the provisions; If the object of payment is not specified, it shall belong to a close relative. The request of the parties to split the pension is an analysis of the property of * * * in law. Close relatives mainly refer to the spouse, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren of the deceased. 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 spouse, parents, children, and others are in the second order. If there is no one in the first order, the pension will be distributed among the people in the second order.
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