Legal analysis
According to relevant laws and regulations, funeral expenses do not belong to the inheritance and cannot be inherited as an inheritance. If the funeral expenses are controversial, they shall be handled by the close relatives of the deceased through consultation. If negotiation fails, mediation organizations or villagers' committees or residents' committees may be invited to mediate; Or bring a lawsuit to the people's court to decide the distribution of funeral expenses. The distribution of funeral expenses can refer to the relevant provisions of inheritance distribution. First of all, funeral expenses are living allowances given by the unit where the deceased works to the close relatives and dependents of the deceased. Funeral expenses also contain some spiritual comfort. The death pension occurs after the death of the deceased, so it does not belong to the inheritance. Legacy is the personal legal property left by a citizen when he dies. Funeral expenses are the spiritual comfort given by the unit where the deceased lived to the family members or their supporters, which is equivalent to living expenses. The funeral expenses paid by death have the nature of comforting family members. Because the pension is not given to the deceased, nor is it the property of the deceased before his death, it does not belong to the scope of inheritance, so it should not be inherited like an inheritance. Secondly, regarding the payment subject of funeral expenses, if there is a clear payment object according to the laws and regulations on pension payment, or if the payment unit has clear payment regulations, it shall be handled in accordance with the regulations. If there is no clear stipulation, it shall belong to the property of the close relatives and supporters of the deceased. Funeral expenses must be paid in accordance with laws and regulations; The civil affairs departments of the people's governments at all levels pay funeral expenses on behalf of the government, and the pensions paid by enterprises and institutions do not belong to the scope of administrative litigation; Failing to distribute according to law refers to refusing to distribute or not distributing according to the prescribed object, scope, standard, amount and time limit.
legal ground
Article 460th of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If the real estate or movable property is occupied by the possessor, the creditor may request the return of the original property and its fruits; However, the necessary expenses incurred by bona fide possessors for the maintenance of immovable property or movable property shall be paid.