Who is the first inheritance right of the second marriage

Updated on society 2024-03-25
5 answers
  1. Anonymous users2024-02-07

    Spouse, children, parents.

    Inheritance Law of the People's Republic of China

    Article 10 The inheritance shall be carried out 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. 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 "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

    Article 26 Unless otherwise agreed, if the jointly owned property acquired by the husband and wife during the existence of the marital relationship is divided, half of the jointly owned property shall first be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

    Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

  2. Anonymous users2024-02-06

    Article 10 of China's Inheritance Law stipulates that the first-order heirs are: spouse, parents and children. The term "children" here includes both legitimate children and illegitimate children, adopted children and stepchildren who have formed a relationship of dependency; Similarly, parents include both biological parents and adoptive parents and dependent stepparents.

    Therefore, in the case of remarriage, the heirs in the first order are the current spouse, parents and children. Children include both children born to the decedent and the former spouse, children born to the current spouse, and the original children of the current spouse who have formed a dependency relationship with the decedent.

  3. Anonymous users2024-02-05

    For the deceased or deceased, it is necessary to see whether the deceased has a will to designate an heir, and if there is a will, the inheritance shall be executed according to the will.

    Intestacy, there are the first heirs of the deceased, the spouse of the deceased (the legal spouse at the time of death), the children of the deceased, and the parents of the deceased, and the property legally owned by the deceased is equally divided.

  4. Anonymous users2024-02-04

    Legal Analysis: The heir to the property of the second marriage is the current spouse; Children; Parents; Sibling; Grandparent; Maternal grandparents. Children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

    Remarried couples go to the marriage registration office to register their marriage in accordance with the law, and after obtaining the marriage certificate, both parties have the rights and obligations between husband and wife. Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; 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. If there is no first-order heir, the second-order heir shall inherit. 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 "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

  5. Anonymous users2024-02-03

    Summary. Hello dear, it is a pleasure to serve you <>

    The first inheritance rights of the second marriage are the current spouse, parents and children, and the children include both the children born to the deceased and the former spouse, the children born to the current spouse, and the original children of the current spouse who have formed a dependency relationship with the decedent.

    Who is the first inheritance right of the second marriage

    Hello dear, it is a pleasure to serve you <>

    The first inheritance rights of the second marriage are the current spouse, parents and children, and the children include the children born to the decedent and the previous spouse, and the children born to the current spouse, as well as the original children of the current spouse who have formed a dependency relationship with the decedent.

    According to Article 10 of China's Inheritance Law, the first order of heirs is: spouse, parents, and children. The children mentioned here include not only the legitimate children of the relatives, but also the children of the illegitimate Pi Luchong, the adopted children and the stepchildren who have formed a husband-dependent relationship; Similarly, parents include both biological parents and adoptive parents and dependent stepparents.

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Na Bingchen was born in 1930 in Ning'an, Heilongjiang Province, and is a Manchu. Visiting professor of Jilin University of the Arts, master's tutor. National first-class composer. >>>More