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The right to inherit is based on Article 26 of the Marriage Law: The State protects the legal adoptive relationship. The rights and obligations between adoptive parents and adoptive children shall be governed by the relevant provisions of this Law on the relationship between parents and children.
Article 10 of the Inheritance Law stipulates that the first-order heirs are spouses, children and parents, and this article also stipulates that the children referred to in this Law include legitimate children, illegitimate children, adopted children and stepchildren in a dependent relationship; The term "parents" in this Act includes stepparents who are biological parents or adoptive parents who have a dependent relationship.
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Look at whether there is a dependency relationship between the stepfather and the stepdaughter, and if it is formed, it has the same inheritance rights as the biological father and daughter, and if it is not formed, there is no one. As for how to determine the formation of a dependency relationship, raising a child must form a dependency relationship, and a girl's biological mother and stepfather marrying after she reaches adulthood must not form a dependency relationship, but I don't know how to define the situation between the two in practice.
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If you give them a pension, you will have the right to inherit their house.
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Legal analysis: whether the stepfather can inherit the stepfather's house and whether the stepson can inherit the following situations: 1. In the case of inheritance, the stepson is the legal first heir.
2. If the deceased has left a will before his death, the content of the will shall prevail, and if it is not stated that the party has the right to inherit, there will be no inheritance right. 3. If the decedent did not leave a will before his death, according to the statutory inheritance, if there is a relationship of support between the decedent and the stepdaughter, the stepson has the right to inherit. 4. If there is no mutual support relationship, there is no right of inheritance.
That is, the stepdaughter is an adult at the time of her mother's marriage to her stepfather and has not formed a de facto custody relationship, and is not entitled to inherit the stepfather's estate.
Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order: (1) The 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.
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.
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Article 27 of the Marriage Act stipulates that there shall be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between the stepfather or stepmother and the stepchild who has been raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.
Article 36 stipulates that the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.
After the divorce, parents still have the right and obligation to raise and educate their children.
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The stepdaughter of the house bought by the husband and wife after marriage has the right to inherit, and the children among the legal heirs include the stepchildren who have a relationship of support, and the relationship of rights and obligations between the adoptive parents and the adopted children from the date of the establishment of the adoption relationship shall be governed by the provisions of the law on the relationship between parents and children.
[Legal basis].Article 1111 of the Civil Code of the People's Republic of China.
From the date of the establishment of the adoptive relationship, the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between adoptive parents and adoptive children; The relationship of rights and obligations between the adoptive child and the close relatives of the adoptive parents shall be governed by the provisions of this Law on the kinship between the child and the parents.
The relationship between the adoptive child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoptive relationship.
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