HOW CAN I SUE MY KIDS?
Recently an eighty-year-old woman came to the office of our company who complained that her pension was not enough to pay for the public utilities and she did not receive any help from her children (she has three sons and one daughter) since every child agreed to help their mother in case she donates her own house in full to them by an ownership right, but the old woman wishes that after her death each of her children received her flat in equal parts. As a result, she faced in an absolutely difficult situation and she is seeking advice as to her future actions. When the woman was explained that she had all the rights to juridically claim from the children to take care of her, she refused by saying “How can I sue my kids?”. Apart from the constitutional norm that each person has the right to sufficient living standards and the state undertakes all necessary actions directed at the exercise of the given right of citizens, below are the legal norms which stipulate that capable adult offsprings ought to take care of their parents. Particularly, the legislation stipulates a mandatory condition that capable offsprings ought to maintain and take care of their incapable and needy parents. In addition, if no consensus is reached between a parent and an adult child regarding the payment of living means, then it shall be collected judicially. Based on the property and family status of offsprings, it shall be determined juridically and shall be subject to monthly payment. In determining the amount of alimonies for each of adult offsprings, the court can take into account all the capable adult offsprings of the parent, regardless of the fact that the claim was lodged against one or all of them. In the event parents are devoid of their parental rights, offsprings shall be released from the liabilities to pay living means to their parents.
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