Can I divide the property of my biological parents if I pass it to someone else?

Updated on society 2024-04-28
20 answers
  1. Anonymous users2024-02-08

    In a legal sense, the rights and obligations between the adopted child and his or her biological parents have been eliminated, and of course the inheritance of the biological parents cannot be inherited.

    However, according to the opinions of the Supreme People's Court on several issues concerning the implementation of the "Inheritance Law of the People's Republic of China", if the adoptee has fulfilled his obligation to support his adoptive parents and at the same time has raised a large amount of support for his biological parents, in addition to inheriting the estate of his adoptive parents in accordance with the provisions of Article 10 of the Inheritance Law, he may also receive an appropriate share of the inheritance of the biological parents in accordance with the provisions of Article 14 of the Inheritance Law. It is worth noting that the adoption shall be registered with the people's ** civil affairs department at or above the county level. The adoptive relationship is established from the date of registration.

    The Supreme People's Court's Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws" stipulates that if relatives, friends, or the general public have recognized it, or the relevant organization certificate clearly states that they have lived together for a long time in the relationship between adoptive parents and adoptive children, even if they have not gone through legal formalities, they should also be treated as an adoptive relationship. Where an "adoptive" child and a "step" parent form a relationship of support, they are adopted children and have the right to inherit each other; If it is a feudal "succession" or "heir", and there is no relationship of support, it cannot enjoy the right of inheritance. Legal basis:

    Article 15, paragraph 1 of the Adoption Law of the People's Republic of China provides that adoptions shall be registered with the people's ** civil affairs department at or above the county level. The adoptive relationship is established from the date of registration. Where the birth parents of abandoned infants and children cannot be found, the civil affairs department handling the registration shall make a public announcement before registration.

    Article 23: From the date on which the adoptive relationship is established, the provisions on parent-child relationships between adoptive parents and adoptive children shall be governed by the law regarding 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 the law on the close kinship relationship between the child and the parents. The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.

  2. Anonymous users2024-02-07

    Non-legal professionals.

    To see the effectiveness of this succession, if it is just a conversation between the two families, legally speaking, he should still have the right to inherit.

    But if it really makes trouble, his situation will be taken into account, as long as you can prove that he really does not approve of your grandfather in fact, whether it is public order and good customs, or legally, he will not be able to stand.

    If the matter of adoption is effective, for example, everyone around you knows about it, and even the grassroots community and village committee have a record, then there is no doubt that it has nothing to do with you in law.

  3. Anonymous users2024-02-06

    After passing on to someone else, although your biological parents are related to you by blood. However, the relationship between father and son, mother and child, is legally separated. Therefore, the property or inheritance of the biological parents should not be available if it has been sent to someone else's children.

  4. Anonymous users2024-02-05

    In this case, you should not be able to divide it, you can consult an elderly person or a lawyer, and if he has not fulfilled his maintenance obligation for a day, he should not be given a share of property.

  5. Anonymous users2024-02-04

    Passing on to others is not legally a father-son relationship, and there is no right of inheritance unless the will says that it can be divided.

  6. Anonymous users2024-02-03

    Hello! I think that legally speaking, if it is passed on to someone else, it is not possible to divide the property of the biological parents, unless the parents leave a will or the relatives agree to share it.

  7. Anonymous users2024-02-02

    Do you still serve your biological parents?

  8. Anonymous users2024-02-01

    Legal Analysis: If your biological parents have a will, inherit according to the will. If there is no will, the inheritance shall be carried out in the following order:

    First order: spouse, children, parents; Second order: siblings, grandparents, maternal grandparents.

    Children, including legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

    Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out 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" as used in the Spinal Knit includes legitimate children, illegitimate children, 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.

    "Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters of the same father or mother, brothers and sisters of the same mother, and step-brothers and sisters who have a relationship of support.

  9. Anonymous users2024-01-31

    Stepchildren can inherit the estate of their biological parents, and the Civil Code clearly stipulates that the children in the first order of legal heirs include stepchildren who have a dependency relationship, and the rights and obligations between the adoptive parents and the adoptive 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 shall apply to the relationship of rights and obligations between adoptive parents and adoptive children from the date of establishment of the adoption relationship; The relationship of rights and obligations between an adoptive child and the close relatives of the adoptive parents shall be governed by the provisions of this Law on the relationship between the close relatives of the children and their parents. The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.

  10. Anonymous users2024-01-30

    The child who passed out was not able to inherit the property of his biological parents, and he formed a relationship with his adoptive parents after he passed out, and he could only inherit the property of his adoptive parents.

  11. Anonymous users2024-01-29

    Even if it is a slippery child who has gone out, he can inherit the property of his biological parents, after all, this is related by blood, and he is also a member of the family, of course, he can inherit it.

  12. Anonymous users2024-01-28

    It depends on the actual situation, if the children of the former Fan Ji have already handled the adoption relationship with the other party, then it means that the child and Douzhi's biological parents have separated from the blood relationship of Hui Hail, so they have also lost the right to inheritance.

  13. Anonymous users2024-01-27

    Can the children who have passed out from Yuanchun still inherit the property of their biological parents? The child who has passed out, well, depends on whether the biological parents have a will or not. Leave it to him. If there is a leak, he can also inherit the hail search.

  14. Anonymous users2024-01-26

    Can the child I send out inherit the property of the biological parents, can the children of my brother still inherit the property of the biological parents? If my brother goes out, the omission should still be able to inherit the property of his biological parents, and under normal circumstances, he can inherit the lead and lead the inheritance.

  15. Anonymous users2024-01-25

    As long as it can be proved that he is the child of his biological parents, he has the right to inheritance. Parents' property.

  16. Anonymous users2024-01-24

    As long as it proves that he has a relationship with his parents, and some of his family members are also allowed to break up, it must be a very organic digging banquet is to inherit a wealth of his parents.

  17. Anonymous users2024-01-23

    Landlord, how are you better than the child who stepped out, can you still inherit the property of your biological parents? Personally, I think this issue should return to the essence of a law, that is, where is the old family registration of this child who has passed out? What is his relationship with his biological parents in law?

    If you want to inherit, this should be a legal consideration.

    If it helps you, hope, thank you for your encouragement to me, and I wish you a happy day.

  18. Anonymous users2024-01-22

    If the adoptive hand is complete, once the adoptive relationship is established and the relationship of rights and obligations between the adoptive child and the biological parents is eliminated, the property of the biological parents cannot be inherited. Carry a booklet.

  19. Anonymous users2024-01-21

    According to the rules of the people, it is not allowed.

  20. Anonymous users2024-01-20

    Stepchild is a popular folk term, generally adopted within three generations of the same generation of collateral blood relatives. The corresponding legal concept is the adoption of a child.

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