If his father predeceases his grandmother, does the grandson have the obligation to support his grandmother?Should you share alimony with your uncle?

2022-05-08 0 By

Apart from the “love”, from the perspective of “law”, as a grandson, you are not obligated to share the alimony with your uncle.If a father dies before his grandmother and can no longer fulfill the obligation of supporting his grandmother, should he, as a grandson, assume the obligation of supporting his grandmother instead of his father?Should grandma’s support expenses be split with her living uncle?Let’s not consider this issue from the perspective of “affection” based on blood relationship, but from the perspective of “law” : Grandchildren and grandchildren have the obligation to support their grandparents, but the obligation is based on “conditions” :Legally, children’s obligation to support their parents is unconditional. No matter they are born out of wedlock or out of wedlock, no matter they are “sons” or “daughters”, they have the obligation to support their parents without any preconditions.But is specific to the grandchildren or maternal grandchildren on the paternal grandparents, maternal grandparents had “every generation” parents-in-law, actually there is a prerequisite for: but every grandchildren and their grandchildren outside has her obligations to the paternal grandparents, maternal grandmother, must satisfy three conditions, one condition is indispensable, condition 2 and simply meet one of the three: condition one:Grandchildren or maternal grandchildren need necessary affordability “burden ability” is the prerequisite, assuming a grandson has not yet adults, or still on the stage of reading, or although adult but not yet, no income, employment or disabled themselves have no source of income, then belongs to the situation of “no burden ability”, there would be no support obligation to grandma,It’s good to be able to take care of yourself.Provided that the grandchild is able to afford it, the obligation to support the grandmother is established if one of the following two conditions is met: Condition two:Grandma’s children have died In addition to the “father”, grandma has other children, whether male or female, are also caregivers, even if one child is still alive, excluding the child can not support the situation, not to mention the grandson to support.Condition three: grandma’s children without the ability to support another situation is, “father” after the death, although grandma has other children alive, but these children do not support ability, such as disability, eat the minimum wage, five guarantee, no job, no source of economic income and so on, to grandma’s support “powerless”.In this case, if the grandson has the ability to support, then the grandson has the obligation to support his grandmother.Specifically to the above questions, “my father died before my grandmother, my uncle asked me to share the alimony of my grandmother, AM I obligated?”According to the conditions of the maintenance obligation of the grandchild and the grandchild to the grandparent and the grandparent, whether there is the obligation to share alimony equally, there are the following possibilities:1. If the grandson has grown up, is employed, has a source of income and can afford to support his grandmother, while his uncle and his surviving aunt have no source of income for various reasons and cannot afford to support him, then the grandson has the obligation to support him. It is not excessive to share the alimony with his uncle.Even can bear alimony alone (uncle, aunt completely do not have the ability to afford the premise);2. If the grandchild is underage or under other circumstances that cannot afford it, and the uncle has sufficient support capacity, then the grandchild is definitely not obliged to share the alimony;3. Even if the grandson can afford it and the uncle can support it, the grandson can refuse to share the alimony equally.4, grandson can afford, uncle can not afford, but uncle’s younger brother and sister (other uncles, aunts) can afford, then grandson does not share the alimony obligation, alimony should be borne by other uncles, aunts.A simple and clear sentence: grandchildren have the obligation to support their grandmothers only if they can afford them, and only if all of their grandmothers’ children are not alive, or if none of their other children can afford them.Apart from the above, there is no such thing as “intergenerational” support, which is, of course, morally desirable.Second, from the perspective of “subrogation”, grandchildren should support their grandmothers if they can afford it. From the perspective of succession, the heirs of their grandmothers’ estates after 100 years are their sons, daughters, spouses and grandparents (assuming that their spouses and grandparents are no longer alive).That grandma died, the children are the first in line, but at the moment, “father” has died, and father of the son (grandson) as “subrogation heir,” can be referred to the first line: subrogation inheritance: refers to the time before the decedent died, by direct heir to the British first blood instead of his deceased lineal consanguinity statue be heir to the inheritance of a statutory succession system.A situation is, grandson of the duty to support, so beyond a grandma leave a will follow the testamentary succession cases, from the perspective of the statutory succession, grandson can evenly grandma and uncle, aunt stay legacy, this is the principle of “relative” such as the rights and obligations, grandson since the duty to support, then you have the right to split grandma heritage;The second case is that if grandchildren can afford it but do not support it, the share of the grandmother’s estate can be tilted to the children who have done the main support duty when dividing the grandmother’s estate. Grandson’s share of the estate can be appropriately reduced because of his “less effort” in supporting.In two aspects, although in his uncle’s burden ability premise, as a grandson, not split the maintenance obligations, but from the point of view of “inheritance”, fulfill the duty main support some children may be given a larger share of heritage, so uncle grandson wants to control or to split the grandmother’s legacy, then fulfill the duty to support, rather than “regardless”,It’s also a moral imperative.In this regard, Lao Liu’s suggestion is: for this kind of situation, actually speaking only from the perspective of “law”, it seems a little “inhuman”, and does not meet the requirements of moral level.In this case, if the grandson’s economic condition is good, he can afford to support his grandmother. After all, he has an inseparable blood relationship with his grandmother, so it can be regarded as a kind of consolation for his dead father.Of course, if the grandchildren are underage or in poor financial circumstances, the uncle can do more of the supporting duties, and the grandchildren can supplement the old age, and everyone is happy.In fact, for the elderly support, not only refers to the material aspect, but also spiritual aspect. Even if the grandson’s economic condition is poor, he can also accompany his grandmother more, which is also a manifestation of the obligation to support.What do you think about that?Welcome message exchange;The code word is not easy, give a like, click a follow.