Ningbo death compensation, pension, funeral expenses how to divide.

When relatives die due to traffic accidents, work-related injuries or accidents, family members often receive a sum of money paid by the perpetrator, insurance company or employer. This money usually includes death compensation, funeral expenses, living expenses of the dependents, and some also include mental damage comfort money; if the deceased had a unit before his death, the family members may also receive a one-time pension. Once the money arrives, conflicts often follow: who has the right to share it? According to what proportion? Can it be used to pay the debt of the deceased before his death?

Let's make the conclusion clear: death compensation is not an inheritance, pension is not an inheritance, funeral expenses are compensation for actual expenses. These three sums of money are not divided according to the order of inheritance, will or "who is one of us", but each follows different rules. The most common and error-prone way of thinking is to divide them all equally as "heritage" or to divide them according to the order of inheritance. The following three sums of money are divided into the nature, the right holder and the proportion of distribution, and the actual calculation of the court is explained in combination with the real judgment.

Practical Experience of 1. Lawyers

after this kind of money arrives, the biggest risk is that the family members grab the points, and no one can distinguish the nature of the money before robbing. I usually suggest that the first step is to split the money according to its source-which part comes from the perpetrator or the insurance company, which part is the one-time pension issued by the unit, and which part is the living expenses of the dependants or the compensation for mental damage, with different objects and rules. Death compensation and pension are not inheritance and cannot be cut according to the order of inheritance or will. It is much more effective to collect the source documents and distribution vouchers of each sum and then talk about how to divide it than to argue about "who should divide how much.

When distributing, the actual expenditure should be deducted first, and whoever pays the funeral expenses should make up this part first, and then the actual spender should obtain it. Death compensation is not necessarily equal among close relatives who live together and are highly dependent. The living expenses of the dependants belong to a specific dependant and cannot be shared equally. In practice, find a leader to open a temporary special account for storage, register income and expenditure one by one, so as to avoid who is in charge of who spends first and cannot reconcile the accounts afterwards. If there are differences within the family, first write the distribution plan in writing and keep one copy for each. Many contradictions are actually resolved when they are written down.

If the negotiation fails to take the common property division or property analysis litigation, pay attention to two technical points: the subject of the litigation should list all the qualified close relatives, omitting one may have to sue repeatedly. It is also necessary to remind the parties not to be biased by the idea of "doing things according to inheritance and taking wills", and not to take the money back voluntarily just because the deceased had debts before his death-this kind of money itself is not the estate of the deceased, and creditors should respond cautiously when claiming. Whether remarried spouses, cohabiting partners and children born out of wedlock can participate in the distribution depends not on birthright, but on whether they have formed close relatives recognized by law and rely on facts.