How to inherit the property left by my father?
Can I ask the unit to pay for meals during hospitalization after work injury? Mr. Zhang: I was injured at work and I am still in the hospital. Can I ask my company to pay for my meal? Gan Maoling: According to the second paragraph of Article 22 of the Regulations on Industrial Injury Insurance in Guangdong Province, if it really belongs to an industrial accident, it has the right to ask the unit to pay the food expenses during hospitalization. If the unit is unwilling to pay, it can apply for work-related injury identification after discharge, apply to the labor dispute arbitration committee for labor arbitration according to the work-related injury identification, and then pay together with other work-related injury expenses. How to inherit the property left by my father? Mr. Li: My father died and left a house. I still have a few brothers. How can I inherit this house? Gan Maoling: Let's see if your father made a will before his death. If he makes a valid will, he will inherit it according to it. If not, it will be distributed according to legal inheritance. According to Article 10 of the Inheritance Law of People's Republic of China (PRC), "the inheritance shall be inherited in the following order: the first order: spouse, children and 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 referred to in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. Parents referred to in this Law include biological parents, adoptive parents and step parents who have a dependency relationship. Brothers and sisters mentioned in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependency. " In addition, if the property belongs to your parents, and your parents each own half, you can only distribute the half that belongs to your father by will or legal inheritance. What if the debtor transfers the property to the creditor? Mr. Wu: Mr. Liu borrowed 300,000 yuan from me to do business, but soon he divorced his wife, signed a divorce agreement, and gave all the husband and wife's property to his son without paying my debts. Is it legal for Mr. Liu to do so? Gan Maoling: This case involves the creditor's right to cancel. Article 74 of the Contract Law stipulates: "If the debtor abandons the due creditor's rights or transfers the property for free, thus causing damage to the creditor, the creditor may request the people's court to cancel the debtor's behavior. If the debtor transfers the property at an obviously unreasonable low price, causing damage to the creditor, and the transferee knows the situation, the creditor may also request the people's court to cancel the debtor's behavior. The scope of revocation right is limited to creditor's rights. The necessary expenses for the creditor to exercise its cancellation right shall be borne by the debtor. " The creditor's right to cancel refers to the creditor's right to apply to the court to cancel the debtor's behavior that damages his creditor's rights. The creditor's right to cancel must meet the following statutory conditions: 1, there is a legal and effective creditor-debtor relationship between the creditor and the debtor; 2. The debtor has carried out certain behaviors of disposing of property, including positive behaviors of disposing of property (free transfer or obviously low price) or negative behaviors of giving up creditor's rights; 3, the debtor's behavior must be harmful to the creditor's rights; 4. The scope of revocation right is limited to creditor's rights; 5. The cancellation right shall be exercised within the time limit prescribed by law. Before the debts of husband and wife were paid off, Mr. Liu gave all his property to his son for free at the time of divorce, which reduced his solvency and was harmful to the realization of creditor's rights. Therefore, Mr. Wu, as a creditor, can request the court to cancel Mr. Liu's free gift when his creditor's rights are infringed.