问题 单项选择题

张某夫妇于1965年结婚并生有一女一子,1970年张某的妻子因病去世,张某一人将子女抚养长大。1990年张某女儿张婷嫁到外地,从此与父亲和弟弟少有联系。次年儿子张兵也结婚,并于1995年生下一女张琳琳。 1999年,张兵因车祸死亡,其妻带女儿另嫁他人。2000年,张某患病,张某的侄儿张豪前来照料张某生活,直到2005年张某病危住院。张某在病榻上曾写下一张字条,内容为:“我走后,把房子留给张豪,把5万元存款留给孙女张琳琳。张××(张某名字)写于弥留之际。”不久张某病故,张豪随即打电话通知在外地的张婷,告知了张某的死讯和字条的内容。张婷得知父亲没有给自己留下遗产,在电话中气愤地说:“老头子不讲情意,不给就算了,给我还不稀罕呢。”关于张某的遗产处理,下列选项中哪一项是正确的

A.张某的遗产应按遗嘱继承处理
B.张某的遗产应按法定继承处理,张豪应作为法定继承人分得部分遗产
C.张婷并未放弃其遗产继承权,但因其未尽扶养义务,应当少分或不分财产
D.张琳琳不是第一顺序继承人,但遗产中应该为张琳琳保留必要的份额

答案

参考答案:C

解析:[考点] 遗嘱的法定形式和法定继承
C。《继承法》第17条第2款规定,自书遗嘱由遗嘱人亲笔书写,签名,注明年、月、日。本题中张某所留字条不符合继承法关于自书遗嘱的形式要求,因此遗嘱无效,遗产应当按照法定继承处理,A项错误。《继承法》第14条规定,继承人以外的对被继承人扶养较多的人,可以分给他们适当的遗产。本题中张豪就属于继承人以外对被继承人扶养较多的人,他可以分得适当的遗产,但不是作为法定继承人而应当分得遗产,B项也错误。《继承法》第25条规定,继承开始后,继承人放弃继承的,应当在遗产处理前,作出放弃继承的表示。没有表示的,视为接受继承。分析本题中张婷在电话中所说的话,是在误以为字条有效的情况下说的气话,不是其真实意思表示,也不符合法律规定的放弃继承的形式,不能发生放弃继承的效果。另外,《继承法》第13条第4款规定,有扶养能力和有扶养条件的继承人,不尽扶养义务的,分配遗产时,应当不分或者少分。可见C项符合法律规定,是正确的。《继承法》第11条规定,被继承人的子女先于被继承人死亡的,由被继承人的子女的晚辈直系血亲代位继承。代位继承人一般只能继承他的父亲或者母亲有权继承的遗产份额。按照这一规定,张琳琳应当作为第一顺序继承人参加继承,D项错误。

阅读理解

What happens to mother-daughter relationships when girls become teenagers. It seems that girls go from playing “dress up”, to arguing with their mothers about how they should dress.

When a girl is 3-4 years old they love to “dress up” in their mothers’ clothes, put on their mothers’ makeup, cook, and do whatever else their mother does. This is the time when she can be classified as being a mama’s girl.

How come girls change so much from childhood to the teenage years? Many parents seek the answer when their daughter becomes a teen. Often when a girl enters high school her behavior changes as well as her physical appearance.

When I was young I always liked playing “dress up”. It made me feel older and more like my mother. Even when I entered middle school, I still depended a lot on my mother to choose and buy my clothes. Once I entered high school there was a big change. To me, my mother’s clothes were no longer “in fashion”, and neither was her opinion. I started becoming interested in boys and tried to improve the way I looked. It was not that I wanted to look cool, I just wanted to look my age.

This is the time that the mother-daughter relationship can take a turn. It’s difficult for a mother to know that her daughter is no longer totally dependent on her.

When the daughter starts wearing revealing clothing, dating, and just wanting to be more independent, a mother starts to feel left out, or not needed. The number of arguments increases, and the number of times when the mother and daughter get along happily decreases.

When these things start to happen, it is a sign that the daughter wants her independence and the freedom to grow up.

When you notice how much your relationship had changed, try to believe positive things come out of the change. Put all the negatives aside and concentrate on what your mother is feeling instead of just on what you’re feeling.

When it seems too hard to handle, take some quiet time and write out your feelings. Maybe at another time, you can share them with your mother and try to find a way to better your relationship as mother and daughter. If you don’t feel comfortable sharing your feelings, at least write them down so you can get them out. It’s better than keeping them bottled up inside.

小题1:The girls would argue with their mothers because ________.

A.they need more independence

B.mothers want daughters to be mama’s girls again

C.they think their mothers’ clothes are no longer in fashion

D.all of the above小题2:From the passage, we know that ________.

A.the teenage period is a sensitive part in human life

B.the parents can’t get the answer why their daughters change a lot

C.they can get on well only in talking, no matter what mothers or daughters do

D.mothers should concentrate on their own feelings小题3:A “mama’s girl” will Not________.

A.dress up in her mother’s clothes

B.depend a lot on her mother to choose and buy her clothes

C.like wearing revealing clothing

D.think her mother’s clothes are in fashion小题4:When the daughter starts wanting to be more independent, ________.

A.a mother starts to feel left out

B.it is the time when mother and daughter get on joyfully increases

C.she wants to look cool

D.All of the above

填空题