[Case Summary]This case involves a dispute over the division of pensions and funeral expenses. After Zhou * and Zhang * divorced, their daughter Xiao Zhang brought her mother to Beijing for care. In 2014, Zhou * was taken away by her sisters, Zhou *1 and Zhou *2, who forced her to transfer ownership of two properties. In 2021, Zhou * died without notifying Xiao Zhang. The unit distributed 182,945 yuan in pensions and 5,000 yuan in funeral expenses, but the two parties were unable to claim the funds due to the dispute. Xiao Zhang entrusted the professional lawyer team of Beijing Hengluo Law Firm to protect her rights, listing Zhou *1 as the defendant and requesting that the pensions belong to Xiao Zhang and the funeral expenses belong to Zhou *1. The core dispute is the nature and ownership of the pensions and funeral expenses. Applicable legal provisions: Refer to the principle of distributing inheritance in accordance with the order of succession. The court ruled that the 182,948 yuan in pensions belong to Xiao Zhang, and the 5,000 yuan in funeral expenses belong to the defendant.

I. Review of the Case

How are the pension and funeral expenses distributed? The parties often search for terms like "Is the pension part of the estate?", "Which child will receive the pension?", and "Can the funeral expenses and pension be distributed separately?". Zhou * and Zhang * were once married, but divorced in 1983. Their daughter, Xiao Zhang, was raised by her father. After Xiao Zhang grew up, she married and had children in Beijing, and brought her mother, Zhou *, to live with her. Zhou * also had two sisters, Zhou *1 and Zhou *2. In 2014, Zhou *1 took Zhou * away under the pretext of "visiting her" and hid her, forcing and deceiving her into transferring or donating two properties to Zhou *1 and Zhou *2. Until March 2021, when Zhou * died, none of Zhou *1's family members notified Xiao Zhang. Zhou *'s former employer delivered notifications to Xiao Zhang and Zhou *1 regarding the collection of the pension and funeral expenses (pension: 182,945 yuan, funeral expenses: 5,000 yuan). However, due to legal disputes and insufficient supporting documents, the funds remain with the employer and await the court's judgment for their disbursement. Xiao Zhang has entrusted Hengluo Law Firm to sue Zhou *1 as the defendant, demanding that the pension be awarded to Xiao Zhang and the funeral expenses to Zhou *1.

II. The focus of the case

  • Focus 1: The nature of pensions and funeral expenses.Whether it is an inheritance or special property arising from death, it is enjoyed by close relatives.
  • Focus II: Belonging and Distribution.In what order should the inheritance be distributed among close relatives?
  • Focus 3: Is the plaintiff the only legal heir?Is Xiao Zhang, as a daughter, entitled to receive a pension?

III. The professional intervention of Hengluo Law Firm

The original plaintiff claimed that:Xiao Zhang argued that the pension and funeral expenses are special property arising from the death of the decedent, which should be enjoyed by close relatives and generally distributed in the order of the heirs of the estate. Xiao Zhang is Zhou *'s daughter and the only legal heir. The funeral expenses and pension pre-paid by the unit should belong to Xiao Zhang. She requested that the pension should belong to her and the funeral expenses should belong to Zhou *1.

The defendant argued that:The defendant, Zhou *1, raised objections to the ownership of the pension and funeral expenses, which were determined by the court in accordance with the law.

Hengluo Lawyer's Agency Opinion:Hengluo Lawyer pointed out that both the pension and the funeral expenses are special properties arising from the death of the decedent, which are economic compensations and spiritual consolations provided by the unit to close relatives and should be enjoyed by close relatives. Although they are not inheritance, they are generally distributed in the order of inheritance when dealing with them. The plaintiff, Xiao Zhang, is the daughter of Zhou * and the only legal heir. The pension and funeral expenses prepaid by Zhou *'s unit should belong to Xiao Zhang. At the same time, we respect the plaintiff's voluntary decision to give the defendant 5,000 yuan in funeral expenses.

IV. Outcome of the case

After the trial, the judge approved and adopted the legal opinion submitted by Hengluo Law Firm. The judgment confirmed that the pension fund of 182,948 yuan paid in advance by Zhou's former employer before his death belongs to Xiao Zhang; and the funeral expenses of 5,000 yuan belong to the defendant, Zhou 1. The court held that the pension fund, which is a form of spiritual comfort and economic compensation provided by the employer to the family after the death of an employee, does not belong to the deceased's pre-death property or inheritance. However, it is usually distributed according to the order of inheritance of property, with the first order being the spouse, parents, and children. The plaintiff is the only legal heir, so the pension fund belongs to the plaintiff. The plaintiff voluntarily gave the funeral expenses to the defendant, which is a disposition of his own rights and interests, and this is confirmed by the court.

5. Henglu Law Firm's Advice

This case is being handled by the professional lawyer team of Beijing Henglu Law Firm. Pension is a form of consolation and economic compensation from the state to special individuals, and funeral expenses are financial assistance for funeral arrangements. Although there are no explicit distribution provisions in the law, in practice, they are usually distributed in accordance with the principles of inheritance handling. A reminder to rights holders: promptly claim pension after a loved one's death, and collect evidence of kinship and receipt notices; in the event of relatives withholding or concealing property, it is advisable to engage professional lawyers as soon as possible to clarify ownership and safeguard inheritance rights.

VI. Frequently Asked Questions (FAQ) for Special Service Cases

  1. Q: Is the pension a part of the estate?
    A:No. The spiritual comfort and economic compensation provided by the unit to the family of the deceased are not part of the deceased's pre-death property, but are usually distributed according to the order of inheritance.
  2. Q: Which of the children will receive the pension?
    A:The inheritance shall be distributed in accordance with the first order of succession (spouse, parents, children); if there are no individuals in the first order, the inheritance shall be distributed in accordance with the second order of succession.
  3. Q: Can the funeral expenses and the pension be paid separately?
    A:Yes. The two have different natures, and their ownership can be determined separately. The right holders can also voluntarily dispose of some of them.
  4. Q: What should I do if a relative hides an elderly person and embezzles their property?
    A:You can collect evidence of transfer and donation, and through litigation, confirm that the disposition is invalid and claim legal rights such as pensions.
  5. Q: What should I do if there's a dispute over the pension payment and the unit refuses to issue it?
    A:The unit usually pays after the court's judgment. You can first sue to clarify ownership and then collect the payment based on the effective judgment.