Inheritance of stepchildren 5, inheritance of stepchildren

Under the Inheritance Act, children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren. Parents, including biological parents, adoptive parents, and dependent stepparents. Siblings, including siblings of the same parents, half-siblings, adoptive siblings, and step-siblings in a dependent relationship.

After the death of a parent, it is accepted that the children inherit the inheritance of the parents, but the question of whether the adopted children and stepchildren can inherit the inheritance of the adoptive parents and stepparents has been questioned. Many people believe that adopted children and stepchildren are not their own and are not eligible to inherit their own inheritance, especially if they have other children, and often do not want to leave their inheritance to their adopted children, especially stepchildren. In fact, such an idea is not in accordance with the provisions of the law.

According to the Inheritance Act, both adopted children and dependent stepchildren should be the same first-order heirs as biological children. However, this does not mean that as long as the person in the name of an adopted child or stepchild is the first-order heir, the law clearly stipulates that only a stepchild with a dependency relationship can become a first-order heir, and that a person who has lived independently and whose parents have remarried in old age cannot inherit the stepparent's estate as a first-order heir because there is no de facto dependency relationship. At the same time, the fact that a stepchild inherits the estate of his stepparents does not affect his inheritance of the estate of his or her biological parents.

You have the right to inherit your stepmother's property, but if you don't support your stepmother, she can cancel your inheritance. If your brother does not support your father, he will not have the right to inherit.

You have the right to inherit your stepmother's property, but if your brother's family registration has not been transferred to your father's name, then he cannot inherit your father's property.

This question mainly depends on whether there is a relationship between you to raise and support, and if so, then the stepchildren and stepparents can inherit each other. That is, if you have been living with your father and stepmother since you were young, then a parenting relationship has been formed between you and can be inherited. If your brother fulfills his obligation to support your father, then he can also have the right to inherit.

Stepchildren have the same inheritance rights as legitimate children. However, this is also conditional, only if there is an obligation to raise and support the stepparents and children, then the stepchildren will enjoy a certain inheritance right to the stepparents' estate in the future. Article 1072 of the Civil Code provides:

There shall be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between stepparents and stepchildren who are raised and educated by them shall be governed by the provisions governing the relationship between parents and children. Article 1127 of the Civil Code stipulates that a stepchild who has a dependent relationship with his stepparents has the right to inherit the estate of his stepparents, because a stepchild with a dependent relationship has formed a legal fictitious blood relationship with his stepparents, and the stepchild can inherit the decedent's estate like a legitimate child and become the legal heir of the decedent.

The legal support relationship is mainly manifested in the following aspects: (1) the stepparents have fulfilled the obligation to support the minor stepchild: (2) the stepparent has fulfilled the obligation to support the stepchild who has reached the age of majority but is limited or incapacitated.

3) The stepchild has fulfilled the obligation of support to the stepparent:

1. Do stepchildren have the right to inherit?

1. Stepchildren have the right to inherit. The first order of inheritance includes spouse, children, and parents. Children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir to inherit, the second-order heir shall inherit the inheritance.

2. Legal basis: Article 1127 of the Civil Code of the People's Republic of China.

The estate is inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is a first-order heir to inherit the case, the second-order heir shall inherit it.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

2. The duration of the right of inheritance is several years.

The duration of the inheritance is three years. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Legal Analysis: Stepchildren have the right to inherit. In the inheritance of property, the children of the decedent can inherit the property of the heirs of the deceased, and they are also the heirs in the first line, and it should be noted that the children mentioned include not only legitimate children, but also illegitimate children, stepchildren, etc.

Legal basis: Civil Code of the People's Republic of China

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. The term "children" here includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" here includes biological parents, adoptive parents and step-parents who have a dependent relationship. The term "brothers and sisters" here includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and stepbrothers and sisters who have a dependent relationship.

Among them, "children" include not only biological children, but also children of raising and reforming Huai and stepchildren who have a dependency relationship. The "support" in the "dependent relationship" here includes both the support of the elders for the younger generations and the support of the younger generations for the elders. That is, if the stepchild was raised by the stepparent before he or she had the ability to live independently; And after the stepchild lives independently, there is an obligation to support the stepparent, it may be found to be "a relationship of support".

Similarly, stepchildren who have a dependent relationship with their stepparents also have legal inheritance rights.

Inheritance Law of the People's Republic of China

Article 10 [Scope of Heirs and Order of Inheritance] The inheritance shall be inherited in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "siblings" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Article 11 Subrogation.

Where the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.