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Husband died unexpectedly, the compensation is 960,000, as a wife, can you take all this money and remarry?

When your husband dies, your marriage relationship with him ends, and whether you remarry or not at this time is your freedom and no one can interfere; but this 960,000 compensation, in some cases you can't take it all away, in some cases you can take it all away, but the ownership is not necessarily 100% of yours.

Husband died unexpectedly, the compensation is 960,000, as a wife, can you take all this money and remarry?

First, there is the issue of remarriage and compensation

1. Freedom to remarry

According to article 51 of the Civil Code, "the marital relationship of the person who has been declared dead shall be extinguished from the date of the declaration of death", that is, the accidental death of the husband, the marriage relationship shall be naturally terminated and naturally dissolved.

The law stipulates that freedom of marriage includes both freedom of divorce and freedom of marriage, and no one has the right to interfere. As a marriage relationship that is automatically dissolved, you naturally have the right to remarry.

In summary, whether to remarry or not is entirely your freedom, you have 100% decision-making power, not whether there is a compensation of 960,000 yuan as a transfer.

Husband died unexpectedly, the compensation is 960,000, as a wife, can you take all this money and remarry?

2. The items included in the compensation payment and the distribution principle

Taking the accidental death of an employee due to work as an example, the compensation includes funeral allowance, death pension, pension for supporting relatives (including child support, parental maintenance), and may also include compensation for lost work, transportation, and escort expenses arising from the accident.

The total compensation for the above items is 960,000:

Among the above-mentioned compensation, the funeral expenses are used in the funeral matters, and the remaining part belongs to the close relatives;

The death pension has the color of spiritual comfort, is not given to the deceased, and therefore does not belong to the scope of the estate, but if there is no special provision, the pension can be distributed and inherited in the form of an inheritance; similarly, the lost work expenses, transportation expenses, escort expenses, etc., after the actual expenditure is removed, the balance is inherited by the close relatives.

Then there is the pension for supporting relatives, which is partly due to the retention of children and parents, so it does not belong to the wife, but to the children and parents separately.

Husband died unexpectedly, the compensation is 960,000, as a wife, can you take all this money and remarry?

In the first case, the 960,000 compensation payment is not entirely owned by you

After understanding the items included in the compensation payment and the principle of distribution (or inheritance), let's take a look at the question of whether you can take all of the 960,000:

Suppose, after your husband dies, in addition to you, there are children, his parents or one of the parents, then not all of the 960,000 belong to you:

According to the legal order of succession, the wife, children, and parents are the first in line of succession, and in the absence of special instructions, the inheritance share is equally distributed, such as the remaining funeral expenses and one-time pension, which are inherited equally by the first heir.

However, the pension for dependent relatives, you as a wife are not entitled to it, the alimony belongs to the parents, if the child is underage, you, as the guardian, can keep it on behalf of the child, have custody but do not own it.

In summary, in this case, of the 960,000, you can take away the one-time pension and the remaining funeral expenses in your share, and have ownership; you can also take away the one-time pension, the remaining funeral expenses and the pension for supporting relatives in the child's share, but only the custody right has no ownership; the one-time pension, the remaining funeral expenses and alimony inherited by the husband and parents are not entitled to take away.

Husband died unexpectedly, the compensation is 960,000, as a wife, can you take all this money and remarry?

In the second case, 960,000 all belong to you, and it is completely okay to take it away and remarry

At the same time as remarrying, the 960,000 ownership belongs to you, and there is only one situation, that is, after the death of your husband, you are the only heir, that is, his parents are gone, and there are no children left.

In this case, according to the legal order of succession, you are the only heir, and the right to compensation of 960,000 yuan is all at your disposal.

Husband died unexpectedly, the compensation is 960,000, as a wife, can you take all this money and remarry?

In the third case, 960,000 can all be taken away, but it doesn't mean you have 100% ownership

960,000 can be taken away, but without 100% ownership? How to understand this situation?

It's simple: the husband and parents are not alive, leaving behind one or more minor children.

At this time, the wife and the child are the first heirs, and the legal maintenance fee belongs to the child, and you can dispose of it on behalf of the child for the child's future expenses; the remaining funeral expenses and one-time pension are equally distributed by the wife and the child, and since the child is underage, the wife, as the first guardian, can keep it on behalf of the child until the child reaches adulthood.

In this case, taking it all away does not mean that you have 100% ownership, only ownership of the compensation in your share; the part of the child's share, you can keep it on your behalf.

Husband died unexpectedly, the compensation is 960,000, as a wife, can you take all this money and remarry?

Write at the end:

In summary, on the issue of whether to remarry or not, in view of the unexpected death of the husband, the marriage relationship is terminated, whether to remarry is your freedom, and no one else has the right to interfere.

However, on the issue of 960,000 compensation, some of them are based on children and parents, and they are maintenance and alimony, which are not owned by the wife, and have no right to take them all.

If after the death of the husband, both parents are no longer alive and have no children, then the wife is the only legal heir, and only in this case can the 960,000 compensation be taken away in full.

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