Stepmother s inheritance problem! Whether the stepmother and child have the right to inherit

First, in the case that the decedent does not leave a will, the stepmother has the legal right to inheritance:

1. If the deceased has a will before his death, the will shall prevail, and if there is no will, it shall be inherited according to the law;

2. The inherited spouse, parents, and children are the legal first-order heirs;

3. The stepmother, as the co-owner of the marital property, should first share half of the marital property, and the rest is the inheritance of the decedent;

4. In principle, the inheritance shall be divided equally among the heirs in the same order;

5. If there is any objection to the distribution of the estate, a third party may be requested to mediate or file a lawsuit with the people's court.

Article 9: Men and women are equal in inheritance rights.

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

Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

Hello, the stepmother has the right to inherit your father's personal property, which belongs to the first heir, whether the stepchild inherits, see if there is any support.

Manner in which the right of inheritance between a stepchild and a stepparent is determined: A stepchild who has a dependency relationship has the right to inherit from each other. According to the relevant laws and regulations, the estate is inherited in the first order of spouse, children and parents, and the second order is the order of siblings, grandparents and maternal grandparents.

The foregoing includes a dependent stepchild, and the parent includes a dependent stepparent.

[Legal basis].

Article 1124 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

Article 1127.

The estate is inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandfather and mother.

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, parents are referred to as parents, including biological parents, adoptive parents and dependent stepparents.

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.

Legal Analysis: Legally, a son and a stepmother are stepmother-child relationships. If the parents do not fulfill the obligation to support them, the minor children or the adult children who are unable to live independently have the right to demand maintenance from the parents.

It is regarded as a parent-child relationship, and the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is raised and educated by him. Article 1072 of the Civil Code of the People's Republic of China: Stepparents and stepchildren must not be abused, absent or discriminated against. The relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the provisions of this Law on the relationship between parents and children.

Stepmother is a Chinese word that refers to the wife of the biological father after remarriage, and also refers to the adoptive mother of the stepchild. This quote comes from "Etiquette and Mourning Clothes": "A stepmother is like a mother."

Jia Gongyan Shu: "It is said that after my mother died early or was released, I continued my mother." "Yuan Dian Zhang, Ministry of Rites, Funeral Rites":

stepmother, father remarried mother, half-mother, three years of decline. ”

Qing Tian Lanfang's "Epitaph of Yuan Gong (Yuan Kelisun) in Yunnan Chuxiong Mansion": "Gong (Yuan Fucheng) lost his trust early, and his stepmother Liu Shuren is like a mother. Ba Jin's "Autumn": "Their stepmother, Zhou, was waiting for them in the room. ”

Son, refers to a child, an infant; Children; The title refers to a boy born to his parents. See "Historical Records: Zhang Shizhi's Biography of Feng Tang Lie": "Emperor Wen is exempt from the crown and Xie said:

Teach your son to be careless. Referring to the boy born, "Nanxiangzi Dengjingkou Beiguting Youhuai": "Giving birth to a son should be like Sun Zhongmou." ”

1. The stepmother and father have registered their marriage in accordance with the law and obtained a marriage certificate, that is, the rights and obligations between the husband and wife have been established. In the event that the father did not leave a legal and valid will during his lifetime, after his death, the stepmother has the right to participate in the division of the estate as the legal first heir in the order of the estate.

2. In the legal division procedure of the father's estate, the heirs in the first order of the estate are: the father's parents (if still alive), the father's legal spouse, and the father's children (including legitimate children, illegitimate children, adopted children and stepchildren with a dependency relationship).

3. The principle of division is to take proper care of the heirs who are in difficulty in life and lack the ability to work. Heirs who have fulfilled their main obligation to support the deceased during their lifetime may appropriately share more of the inheritance, and heirs who have the conditions and ability to support may not fulfill their obligation to support and shall receive a small or no share of the inheritance. A widowed daughter-in-law or widowed son-in-law who has fulfilled the main obligation to support her in-laws or parents-in-law has the right to participate in the division of the estate as the legal first-order heir.

Persons other than the heirs who have fulfilled the main obligation to support the deceased may be appropriately distributed to their estate, in accordance with Articles 10, 12, 13 and 14 of the Civil Code.