1. Does antique calligraphy and painting belong to the heritage according to the law?
According to the law, antique calligraphy and painting belong to the heritage, which is the personal legal property left by citizens when they die, including:
Citizens' income;
(2) Houses, savings and daily necessities of citizens;
(3) Citizens' trees, livestock and poultry;
(4) Cultural relics, books and materials of citizens;
(five) the means of production that the law allows citizens to own;
(six) the property rights in the copyright and patent rights of citizens;
(7) Other lawful properties of citizens (securities and creditor's rights represented by property, etc.). ).
Second, whether the pension is an inheritance.
1. Pensions and funeral expenses are not inheritance. Heritage refers to the personal legal property left by a citizen when he dies and can be transferred to others according to law.
The time of a citizen's death is the specific time limit for delineating the inheritance, which occurs after the death of a citizen, not what is left behind when the citizen dies, so it is not an inheritance. At the same time, only when citizens have the capacity for civil conduct and civil rights can they obtain property ownership or other legal creditor's rights by exercising certain civil acts. Funeral expenses and pensions are paid by the unit where citizens work, not based on the civil acts before their death.
2. Death pension is a living allowance paid by the citizen's unit to the close relatives or dependents of the deceased in accordance with the relevant provisions after the death of the citizen, and it also has certain spiritual comfort content.
The object of payment is the close relatives or supporters of the deceased, which is a kind of economic help or comfort to the close relatives of the deceased. It is used to give special care and relief to the close relatives of the deceased, especially the minors who rely on the deceased to live without financial resources or the immediate family members who have lost their ability to work. It is a comfort to the mental pain of the close relatives of the deceased. The treatment of death pension can be reasonably divided with reference to the principle of inheritance treatment in the inheritance law, and appropriate care can be given to minors who have no financial resources or their immediate family members who have lost their ability to work.
3. Funeral expenses are related expenses incurred by the close relatives of the deceased when handling the funeral of the deceased, generally including corpse transportation expenses, cremation expenses, farewell ceremony expenses, urn purchase expenses, ashes storage expenses, etc.
The funeral expenses paid by the deceased unit are a kind of economic help for the relatives of the deceased to handle funeral matters, which is used to solve the practical difficulties encountered by the relatives of the deceased in funeral expenses. Burying the deceased is the obligation of close relatives or heirs, and it is also the moral requirement of public order and good customs in our society. Letting the deceased rest in peace is also a comfort to the relatives of the deceased. Funeral expenses paid by relatives or heirs can be deducted from the funeral expenses paid by the unit, but the insufficient part should not be deducted from the pension, but should be shared with other heirs or close relatives. If the funeral expenses paid by the unit exceed the actual expenditure, the excess part can be reasonably divided with the pension with reference to the principle of inheritance treatment in the inheritance law.
In real life, the scope of heritage, including citizens' income, and some cultural relics and books collected by citizens, should belong to the scope of heritage. Therefore, antique calligraphy and painting can be treated as the legacy of the parties, such as through legal inheritance and will.