Can I inherit my stepmother s estate, and can I inherit my stepfather s estate?

If there is a dependency relationship, it can be inherited.

According to Article 5 of the Inheritance Law, after the commencement of inheritance, it shall be handled in accordance with 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 is to be handled in accordance with the agreement. If there is no will, then the inheritance should be handled in accordance with the statutory succession. According to Article 10 of the Inheritance Law, the estate is 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. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent step-parents. The term "siblings" in this article includes siblings of the same parents, half-siblings, adoptive siblings, and step-siblings who have a relationship of dependency.

According to Article 13 of the Inheritance Law, 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 dividends when the estate is distributed.

If an heir who has the ability and the capacity to support does not fulfill the obligation to support him, he or she shall not divide or divide the inheritance less. Where the heirs agree through consultation, it may also be unequal.

If you form a dependency relationship with your stepmother, you can inherit it.

Categories: Social Livelihood >> Law.

Problem description: When I was 30 years old, my mother remarried and registered.

After 3 years, my stepfather passed away, and I heard from others that I was an adult when my mother remarried, and I could not inherit my stepfather's estate, is it true? The same question, my stepfather has a daughter, and now if she and my mother inherit the inheritance together, will when my mother dies, will my mother's property not be his daughter's?

Also noted: His daughter is the same age as me.

Analysis: 1. According to the provisions of the "Marriage Law" and the "Inheritance Law", stepchildren who do not have stepparents to form a dependency relationship have no right to inherit the property of their stepparents. Therefore, when your mother remarried, you were an adult and did not have a dependency relationship with your stepfather, and you have no right to inherit your stepfather's estate.

However, it does not affect your inheritance rights to your mother. Your stepfather's estate is inherited jointly by his spouse (your mother) and his daughter (divided equally).

2. In the same way, your stepfather's daughter has no inheritance rights to her stepmother (your mother) who has not formed a dependency relationship, and you will inherit all your mother's property (including the inheritance inherited from your stepfather) in the future.

Legal analysis: Whether the stepmother's estate can be inherited or not depends on whether the two parties have formed a maintenance relationship. The Civil Code stipulates that the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.

That is to say, if a relationship of support is formed between a stepchild and a stepparent, the stepparent and stepchild belong to the legal fictitious blood and have the same rights and obligations as the parent and child of natural blood relatives. Stepchildren have the right to inherit the stepparent's estate.

Legal basis: Article 1127 of the Civil Law of the People's Republic of China The inheritance shall be inherited in the following order: (1) The first order:

spouse, children, parents; (2) Second order: after the succession of siblings, grandparents, and maternal grandparents begins, the first order is used; The heirs inherit, 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.

The following procedures are required for the notarization of inheritance:

1. Fill in the "Notarization Application Form" According to your application requirements, fill in the corresponding "Notarization Application Form" with a pen.

2. Submit supporting materials.

1. The legal heir shall submit the original ID card and household registration book to the notary office in person. If the heir renounces the inheritance, the heir shall go to the notary office in person to apply for the "Notarial Certificate of Declaration of Renunciation of Inheritance Rights" or submit the original "Notarial Certificate of Declaration of Renunciation of Inheritance Rights" from the notary office of the place of residence.

2. The original copy of the "Death Household Registration Cancellation Form" shall be issued at the public security police station where the deceased (deceased) is registered.

3. If the estate is a house, the original "House Ownership Certificate" and "State-owned Land Use Certificate" should be submitted.

4. Proof of relatives. The certificate of kinship is composed of the spouse, children and parents of the decedent, and can be issued by the public security police station where the decedent's household registration is located, or issued by the village (resident) committee and signed by the township (town) people** "The above circumstances are true" and affixed with a seal (original).

3. When the notary public's review materials and all the supporting materials of the "Notarization Application Form" are complete, you can submit the supporting materials and relevant applications** to the undertaker notary, and the undertaker notary will accept them. After reviewing the "Notarization Application Form" and the materials submitted, the undertaker will issue you a "Notice of Acceptance", and you will use the "Notice of Acceptance" to carry out matters related to case filing, numbering, payment, copying of supporting materials, etc. Don't forget your notary fee invoice.

4. Collect the notarial certificate of inheritance of the inherited shirt propertyWithin the specified time, you can bring your identity certificate and notary fee invoice to our office to collect the completed notarial certificate. After the above steps are completed, the inheritance can be notarized. Article 25 of the "Notarization Law of the People's Republic of China" A natural person, legal person or other organization may apply for notarization to a notary public at the place of residence, habitual residence, place of conduct or place where the facts occurred.

The provisions of the preceding paragraph may apply to the notary public at the place where the immovable property is located to apply to the notary public for the notarization of entrustment, declaration, gift, or will involving immovable property. Article 26 of the "Notarization Law of the People's Republic of China" provides that natural persons, legal persons or other organizations may entrust others to handle notarization, except where wills, survival, adoption relationships, etc., shall be notarized by themselves.

Whether a stepmother can inherit her father's estate depends on the form of inheritance.

First, we need to see whether the father has a will, bequest or bequest maintenance agreement, and if the father has designated an heir in the will, bequest or bequest maintenance agreement, the stepmother should inherit in accordance with the content of the will, bequest or bequest maintenance agreement.

Second, if there are no such forms of inheritance, then the legal inheritance is carried out, and the stepmother, as the father's spouse, belongs to the legal first-order heirs and enjoys the right of inheritance according to the law, at this time, the stepmother can jointly inherit the father's estate with other first-order heirs in accordance with the law.

There are no legal heirs or a will, but it is more troublesome to confirm that it is your stepmother.

Biological mothers inherit the same rights as stepmothers. According to the Inheritance Law of the People's Republic of China, the inheritance of the estate is in the following order:

Spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.

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

The relationship between a stepparent and a stepchild with whom he or she has formed a relationship of dependency is considered to be the relationship between the biological parent and the child. The stepmother still has the obligation to raise the child.

In the normal order of inheritance, you will definitely be able to inherit your mother's estate, unless your mother's will does not include you.

First of all, the estate must be after the death of the decedent to be called an estate.

Second, the renunciation of the right of inheritance must be an expression of renunciation by the heir himself, and no one else has the right to renounce it.

Furthermore, the heirs have the capacity for civil conduct. Renunciation of inheritance rights must be made at a specified time. For example, if the renunciation of the right of inheritance makes it impossible to perform the statutory obligations of support, support, maintenance, or other debts, the waiver shall be invalid.

Finally, renunciation of inheritance rights must be made in a statutory manner. Where the waiver is made before litigation, it needs to be expressed to the other heirs in person, orally, and in person, or if there is other sufficient evidence to prove it, it shall also be considered valid; In litigation, the renunciation of the renunciation verbally expressed by the heir to the court is also valid.

Inheritance can be renounced.

1. If there is a clear expression of intent to renounce the right of inheritance, it must be express, that is, in an oral or written manner, otherwise, it will be deemed to have accepted the inheritance.

2. The period of expression of intent to renounce the right of inheritance is after the commencement of inheritance (i.e., the death of the decedent) and before the division of the estate.

Yes, as long as you and your siblings go to the notary office to apply for a notarized certificate that you voluntarily renounce the right to inheritance.

Hello subject, if there is a will, inherit according to the content of the will. If there is no will to start the statutory inheritance, according to Article 10 of the Inheritance Law of our country: inheritance distribution of first-order heirs:

Spouse, children, parents. Second order of heirs: siblings, grandparents, maternal grandparents. This includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

However, those who have the following circumstances cannot participate in the statutory inheritance:

1) Intentionally killing the decedent;

2) Killing other heirs for the sake of inheritance.

3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

4) Forging, altering, or destroying a will, where the circumstances are serious.

You can inherit it and donate it.