Before, Sister Wang had been working in an established state-owned enterprise. The unit benefit is mediocre for many years and the salary is not high. Anyone who has a little access and skill will leave one after another.
Sister Wang's parents are also old employees of this unit. She is regarded as a "female successor". At that time, the old employees of the unit lived in the unit community. In the late 1990s, when the house was reformed, parents pooled their money to buy a house and changed it into a private house.
There is another important reason for her early retirement: her mother left early, her father has been in poor health, and her brother doesn't care.
Sister Wang is brother and sister. My brother is restless at school and often makes trouble when he is naughty. Later, I reluctantly went to a vocational high school. After graduation, I began to "mix society" and I didn't know what I was doing all day. Parents preached many times, either quarreling or the son went out and disappeared in a rage.
After mom left, dad was in a particularly bad mood. In addition, he has fallen behind before, and his physical condition is getting worse. Sister Wang is also a very filial daughter. Faced with this situation at home, Sister Wang also wants to simply resign to take care of her father. When I told my father this idea, I was persuaded by my father:
"Anyway, at least have a salary.
Dad is fine, but he can't live without people. Just work with peace of mind. You don't have to come every day. Come and chat with your father when you are free. It's okay. "
Later, the unit advocated retirement, and Sister Wang went through the formalities without thinking. Go back and tell my father:
"Dad, I'm retired. It's ok this time, and there's still retirement pay, isn't it good?
The main reason is that your son-in-law has many things to do at work, and he usually has little time to take care of his family. We have an agreement. Two people how also a little idle. "
Father knows what his daughter means. Told a few words:
"If you have more time, you should visit our in-laws. They are getting old. "
In Sister Wang's view, early retirement is a kill two birds with one stone, no matter from what angle.
It has been nearly 30 years since my father gave all his possessions and trifles to his daughter to take care of my father's old house. It looks a bit shabby, but the neighbors are all old workers and colleagues for many years. They visit each other when they have nothing to do and go out for a walk and play chess, but no matter who has something to do, they can still help.
Father is used to this living environment. Once father and daughter chatted, father said:
"Now, the relationship between people is far away, what is the neighborhood relationship? I don't even know who lives door to door. Therefore, the old unit has the advantages of the old unit. People are familiar and have a good relationship. "
Having said that, I seem to think of something, and I can't help feeling:
"Many of us have left. Didn't your mother leave early?
Almost half the people in this community don't know each other. Some sold their houses and some gave them to children. I think, in ten years, people will basically change. "
Sister Wang was very sad when she heard her father's words. She didn't know what her father remembered and said these words.
"Hey, dad, what do you want to do so much? Isn't it good to mix with those uncles at ordinary times? Live your life and worry less about other things.
I grew up in this yard since I was a child. I am familiar with people and work units. If there is anything, I will help. Just eat raw, have fun and have a good rest. "
Father asked 1 again:
"What is your brother doing now?"
Sister Wang did not respond.
There is little communication between father and son, and even less communication between brother and sister. Try to avoid this topic every time I chat with my father.
Seeing his daughter's reaction, the father sighed and asked nothing more.
Silent for a while, my father turned into the room, then took out a cloth bag and said to his daughter:
"I am old now. This is my medical insurance card, this is my salary card, and all my savings are on this card. The other one is your mother's. I haven't moved since I left. This is the procedure when buying this suite at that time, and the room book.
There are several others. This is an electric card and a gas card.
Please keep these things for me first. My memory is getting worse now. If one day I forget where I put them, I will be in trouble. If I catch up with the water and electricity bill, you can pay it for me and charge it to my salary card. This is the cost of this house. I have to pay for it myself. "
Sister Wang knew that this was her father's trust in herself and took it.
My father's life is very detailed. In the following days, Sister Wang specially made a notebook to help her father buy electricity, pay the bills, swipe the card to buy medicine, and remember how much money she spent. The welfare given by the unit to retired old workers is also brought back by the daughter to the father.
The father is very satisfied with his daughter's practice and is very relieved.
3 "Why do you have to take care of your father after retirement? I still can't see your thoughtfulness? " For a time, my father was in poor health. When I was taken to the hospital, I couldn't find anything wrong. I just told him, "I'm old and my resistance is poor."
Sister Wang discussed it with her lover, and spent most of her time at her father's house, staying with her day and night, fearing that her father would have an accident. In the meantime, I called my brother. My brother came back to see it twice and didn't see the following. She clearly remembers what her brother once said:
"I guess he saw me angry, so I won't give him any trouble. Aren't you retired? I have a lot of time. I want to see my father. Stay with him. "
It lasted for more than half a year, but my health seemed to have just improved, so I caught a cold and began to have a high fever. Sister Wang rushed her father to the hospital, and was seriously ill as soon as the examination results came out.
During those days in the hospital, my brother came to cover for me. But my father didn't survive after all and died a few days later.
Sister Wang and her younger brother deal with their father's affairs, and the younger brother proposes to divide their parents' property. My parents have been diligent and ordinary all their lives, and they have not accumulated much property. The only thing of value is the house. Although shabby, it is worth less than 100 million.
The younger brother's opinion is clear: one brother, the other half.
"Elder sister, there is nothing in our family that doesn't carry on the family line. What age is it now? I won't argue with you. My parents don't have much left, half of them are brothers and sisters. "
When chatting with my father before, my father said several times that he would leave all his property to her and even let her take time to go to the house, but Sister Wang never handled it.
Sister Wang was very unhappy after listening to her brother's opinion. Over the years, I have been taking care of my father alone, and my brother has hardly asked. Now I want to share it with myself. Why?
"I don't agree.
When dad was here, he told me to leave all my property to me several times and urged me to transfer the house, but I didn't move. Later, they put the passbook, card and room book in my place. I didn't move a penny except prescribing medicine for my father and paying water and electricity bills.
After graduation, you did nothing but annoy your parents. Why should we split it equally? "
When my brother heard that his parents' real estate licenses were in his sister's place, he suddenly became nervous:
"When did dad give you those cards? How much did you spend? "
Sister Wang looked at her brother contemptuously:
"You don't even know what medicine Dad is taking. How dare you ask these questions?"
Brother nasty:
"Elder sister, you don't play dumb with me!
I'm not with my father, but I've never asked my family for a penny! You are with me every day. Why didn't you say you still ate and drank from dad? Is your salary enough for you and your parents to eat and drink? I don't believe it!
Why did you retire so early? It is good to take care of dad, but it is not good to earn your own money and spend dad's money. What a good abacus!
Be a man of character, you are always gnawing at something! "
Words to this top, sister wang really don't want to argue with my brother, just coldly replied:
"I don't agree. Anyway, I have those lists. "
Judge: What is encouraged and advocated is reflected in the distribution of property.
The younger brother communicated, urged and even expelled several times, but Sister Wang never responded until the younger brother gave an "ultimatum": suing her sister.
"I have done my best to show restraint. Since you are so good at doing things, don't blame me for being unkind. "
Sister Wang didn't expect to receive a subpoena.
Both parents have left, but the two children have started a lawsuit for property, and it is sad to think about it. Why do you want to divide your parents' property more? From the heart, it is nonsense to say that it has nothing to do with the amount of money-millions of property is definitely a huge sum of money for ordinary people's families. However, no matter how many points there are, sensibility and rationality are meaningless.
Sister Wang counted the evidence of taking care of her father for many years.
"My father, including mother's property documents are in my here.
This is the expenditure list of my father's property. I remember it clearly in my notebook. Check the data. During the time when I lived with my father, I didn't spend a penny more on my father.
As for the usual living expenses, I have no record. But I don't need to say more, everyone should have some common sense: my father's money has not been touched. Who spent the money for eating and drinking on weekdays? Did my brother ever give a penny? Call me corny. Do you spend your own money corny?
My old neighbor and I always look up but don't look down, which proves that I accompany my father every day. Does my brother know when the company will pay benefits? Do you know when my father gets paid every month? Do you know what medicine my father takes every day?
And my father mentioned many times before his death that he would leave all his property to me. I have no proof of this, I can only guarantee it with my own personality. "
A series of questions left my brother speechless.
After a long experiment, the final result came out. In short, there are three meanings:
The meaning of distribution expressed by the old man before his death cannot be regarded as the will of the old man and cannot be used as the basis for inheritance. There is sufficient evidence to prove that the daughter has fulfilled the main obligation of support for her father and supported her claim in accordance with the laws and regulations on inheritance in China. If the mother dies young, half of the parents' property is legally inherited by the father, daughter and son. After her father died, all the property belonging to her father was inherited by her daughter. The final distribution conclusion is: son inherits 1/6 and daughter inherits 5/6. There is also an unwritten conclusion, which is also taken out:
Property distribution should fully reflect the value orientation. Traditionally, people seem to be discussing the issue of "passing on the family or passing on the daughter", but more importantly, we should absolutely advocate and respect the cultural concept: filial piety. Today, regardless of gender, filial piety comes first.
Conclusion There is no distinction between men and women, and filial piety comes first.
We don't need to discuss what our daughter wants to do. It is more objective to evaluate with results and actions.
People often fall into the thinking that people who want to share more of their parents' property are intentional and care about money. However, any isolated and one-sided view of one thing will inevitably lead to biased conclusions.
In the above matter, what Sister Wang did, can you define her as an old man? As she said, "Who will spend their own money to gnaw at their parents' money"? Can you define that she went to her parents' house? Even if it is, why not talk about it in the middle?
Pay, get, this is the real fairness.
About this matter, there are a few points that can be briefly shared:
1. Father's statement has no legal effect.
The father said many times that he would leave his property to his daughter. This will has no legal effect.
This expression cannot be called a will. If it is regarded as an oral will, it does not meet the requirements of an oral will: at the critical moment, there are more than two unrelated witnesses. If the old man really wants this, it is best to form a formal will in written form or audio and video recording. As for your daughter's "guarantee with her own personality", this form has no legal significance.
Of course, there is another problem: a father can't give all his property to his daughter. After the death of the mother, half of the property has been inherited by the parents, and the father, daughter and son all have legal inheritance rights. So at that time, even if my daughter agreed to her father's request and transferred the house, she couldn't get by.
As for why the son can inherit 1/6, it is because the evidence that the daughter supports the father is more sufficient and objective.
2. More points for filial piety, no points or less points for unfilial.
This is a value advocated by China's inheritance law.
This article stipulates the principle of relative comparison method. How much is filial piety, whether it is divided or not, and how much is divided, can only be said in general terms: look at the evidence and look at the opinions.
Some people say that people who are really filial to their parents rarely deliberately leave any evidence. Moreover, what is filial piety is difficult to define and evaluate quantitatively.
In China's Law on the Protection of the Rights and Interests of the Elderly, there is such a provision:
Article 14
The supporter shall fulfill the obligation of providing financial assistance, life care and spiritual comfort to the elderly and take care of their special needs. ……
In the Supreme People's Court's explanation (1) on the application of the succession series of the Civil Code of People's Republic of China (PRC):
Article 19 If the decedent provides the main source of livelihood or gives the main help in labor service, it shall be deemed that he has fulfilled the main maintenance obligation or maintenance obligation.
Taken together, these two provisions can be understood as:
Financial support. For example, alimony for the elderly. Life nursing. For example, providing daily care for the elderly, buying food and cooking for the elderly. Spiritual comfort. For example, chatting with old people, walking, playing chess and so on. From the daughter's practice, the support behavior includes: the inference of the necessary expenses of the elderly's daily life, the handling of the affairs of the elderly unit, the payment of daily life, the purchase of medical drugs, and the accounting of the money spent by the elderly. , even the surrounding neighborhood when necessary. My son can't produce any evidence to prove that he has done his duty to support the elderly.
Therefore, although it is not an exaggeration to "leave a name when doing good deeds", it is still very important to leave some evidence when leaving a name, especially when it comes to family matters-especially families with different filial piety.