The stepfather gives all the property to his own son, does the stepson have the right to fight for i

If the stepfather has made a legally valid certificate of property distribution, then as a legal stepson, he has no right to fight for it.

Regarding the behavior of property distribution, in fact, many people know that the current distribution is related to the whole family; So if the stepfather gives all the property to his own son, does the stepson still have a chance to fight for it? This depends on whether the stepfather has gone through the certification of the distribution of property, and if there is no certification, you can fight for it.

1. If the stepfather has made a legally valid property distribution certificate, the legally adopted stepson has no chance to follow the promotion of the law, in fact, many people understand that inheritance has a lot to do with notarization and will, and whether there is notarization of division is the most important.

For the stepfather's behavior of giving all the property to his own son, we need to distinguish whether it is a verbal promise or a legally valid proof of property distribution; If it is only a verbal statement and the stepfather is dead, then his property is definitely not owned by the son, and even people with family connections can fight for it. However, if there is already a legally valid proof of property distribution, then the law is completely determined that the property is owned by parents and children, and the legally adopted stepson has no chance at all.

2. If the stepfather dies without a will, then the legally adopted stepson still has a chance to fight for it Indeed, when he dies without a will, in fact, no one can confirm whether the stepfather said this, and the property will still be distributed according to the law.

But we need to understand one thing, as a stepson, we also have to distinguish whether there is a right to distribute or not; Regarding the term "stepson", in fact, many people just say it verbally, and the title of "stepson" has nothing to do with the person concerned. Legally speaking, these "stepsons" have nothing to do with the parties at all; Therefore, only the "stepson" who is genuinely adopted and can provide proof of the evidence is fighting for his own interests when the stepfather dies and there is no heredity or declaration.

As a stepson, you should first see if you belong to your stepfather's "real son".

It depends on whether the stepson has formed a maintenance relationship with the stepfather, if a maintenance relationship is formed, he has a certain right to inherit the stepfather's property, but if the stepfather has notarized the inheritance, it may not work.

If the father has made a will, he has no right, and if he has not made a will, he has the right to fight.

Of course, there is no power, because the ruler of the property is already his own son, and the stepson has no conditions to fight for it.

Stepsons actually have the right to fight for it, because in the legal sense, stepsons are also considered to be the sons of this person.

Nowadays, more and more people are divided over the division of property, especially the inheritance relationship between sons and stepsons. Many people will feel that the stepson does not have the right to have more property with the son, in fact, this method is not right, when we are faced with the division of property, we can divide it according to the will, so as to avoid a lot of unnecessary trouble.

One: There is a willIn the case of a will, we can inherit according to the willIf the father gives all the property to his son and makes a will, then the stepson has no right to inherit the property, even if it goes to court, then the court will divide the property to the biological son, so no matter how hard the stepson tries, then such a division of property will not work. In fact, in the dispute of family property, the will is very important, only the will will have legal effect and be protected, so when we choose to divide, unless the biological son is willing to share a little to you, you have no right to divide.

Because the stepson is also the son of the deceased, and the deceased also fulfilled the obligation to support him during his lifetime, so when the property is divided, the stepson has the obligation to divide, but if it is not proved that the stepson was adopted by the father, then there is no legal effect, and legally speaking, it is not possible to fight for property, because there is no proof that it is his own son, only his relatives or people who are related to him can compete for property, so this must have a certificate.

In fact, in the relationship between people, there is no need to fight for money, for the sake of the family to be happier, so money is something outside the body. If your adoptive father gives all the money to his son, then as an adoptive son, you have to look away, and only in this way can you be relieved. In fact, everyone has a private message, since you don't have a share of the inheritance, it depends on whether you want to continue to raise your stepfather.

The stepfather inherited all the property to his biological son, can the stepson fight for it?

In today's day and age, due to the rising divorce rate, there are more and more single-parent families, and when two families are brought together, the relationship between stepparents and stepchildren becomes more common. And there has always been a lot of discussion about the issue of inheritance competition after the death of parents, but there are still different opinions on whether the stepson has the right to fight for the inheritance when the stepfather dies, some people believe that the stepson has no blood relationship with the stepfather and has no right to inherit the inheritance, and some people think that the stepson should have the same rights as the biological child, so does the stepson have the right to fight for the inheritance?

01, stepsons have the right to fight for inheritance According to the provisions of the "Marriage Law", stepsons (daughters) shall not be abused or discriminated against, and enjoy the same rights as biological children, and at the same time, according to the "Inheritance Law of the People's Republic of China", children belong to the first order of heirs, so stepsons (daughters) have equal inheritance rights, can fight for inheritance, and when fighting for inheritance, the status is the same as biological children. Of course, if the stepson comes to the stepfather's house when he reaches adulthood, he is not entitled to inherit the estate without forming a dependency relationship with the stepfather.

02, whether there is a will The will is preceded over the legal order of succession, the will mentioned here must be legally effective, written or recorded by the testator in a sober situation, and witnessed by a notary public, of course, if the testator is an oral will made under critical illness, there must be more than two witnesses with the ability to act who have no interest in the heir. If the stepfather leaves a will to designate personal property to be inherited by his biological children, the stepfather has no right to participate in the dispute, because of course the property here refers to his personal property, and he has no right to dispose of the other half of the marital property.

03, from a reasonable point of view, if the stepson and his biological children have fulfilled their support obligations together and have a deep relationship with the stepfather, they can naturally inherit it, but if the stepson is only fighting for the inheritance and has no emotional relationship with the stepfather, even if the money is really inherited, it will be despised.

In other words, if your brother has no affection for your parents, has not fulfilled any maintenance obligations, and stands up for the inheritance after the death of his parents, we will not be happy. In many TV series we have seen, there will be disputes about stepsons inheriting property, but for most cases, from a legal point of view, stepsons do not have the right to inherit, and due to the relationship between stepparents and stepsons, there are cases where stepsons who do not have the right to inherit property inherit.

Summary: As the old saying goes, a gentleman loves money, takes it in a good way, and his property must belong to him, but if you want to get it for nothing, you will be condemned by both law and morality, and the heirs of the inheritance should be based on the principle of mutual understanding and mutual concession, and if you really have a deep relationship with your stepfather, you will also think about his children.

You can fight for it, as long as your stepfather does not leave a will, you must have certain proof to prove the relationship between you and your stepfather.

I think the stepson can be fought for, provided that the stepson has fulfilled his maintenance obligations to the stepfather and can take his personal property.

In this case, the stepson can also fight for a part of the property. But the consent of the stepfather is required.

Does a stepson have the right to share the same property as a stepfather's son? On what basis? The stepson has the right to inherit the property of the stepfather.

However, this is limited to cases where there is a dependency relationship with the adoptive father. According to relevant laws and regulations, the executor includes the other half, children, parents, brothers and sisters, grandparents, and grandparents. And half of the aforesaid children include legitimate children, illegitimate children, adopted children, and dependent stepchildren.

the other half, children, parents; Second preface: brother and sister, grandparents, grandparents. After the inheritance is gradual, it will be inherited by the first-order heirs, and the second-order heirs will not inherit; If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this part, parents include biological parents, adoptive parents, and dependent stepparents. The term "brothers and sisters" in this part includes brothers and sisters who share the same parents, half-brothers or sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Article 1123: After the inheritance is gradual, it is to be handled in accordance with the application for property inheritance; If there is testamentary succession, it shall be handled in accordance with the application for inheritance or testamentary succession; If there is a bequest and maintenance agreement, the application shall be handled in accordance with the agreement.

Stepchildren are able to inherit their stepfather's assets in accordance with regulations. However, only stepchildren who have a relationship with the adoptive father have the right to inherit. According to relevant laws and regulations, the first successor of the executor includes the other half, children, and parents.

And "children" generally refer to legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

Whether the stepchild has an inheritance is only related to whether the stepchild has a parenting and dependent relationship with the stepfather: if there is a parenting and dependent relationship, even if the stepchild has a job, he can inherit the property of the stepfather; If there is no parenting and dependency relationship, even if the stepchild is not employed, do not inherit it. Criteria for judging whether there is a dependency relationship:

If you were under the age of eighteen when your stepfather and your mother were married, and you lived with them and were raised by your stepfather, you would have been in a relationship of parenting and dependency, and if you had not achieved the above conditions at the same time, you would not have been in a relationship of support.

There is no right, although the stepson and the stepfather are morally related, in fact, they have no relationship in law, so when dividing the property, the stepson has no right to divide.

The law stipulates that both legitimate and illegitimate children have the same right to inheritance, so the stepchild can also enjoy the property of the stepfather.

is empowered; If there is a dependency relationship, then a stepson is legally equivalent to a son.

Legal Analysis: Depends on the specific situation. If the stepson and the step-parents form a custody relationship, then they can fight for property, otherwise they cannot fight for property.

The determination of the formation of a dependency relationship shall be based on comprehensive consideration of the aspects of economic support, time of support, support, residence, and funeral matters, and shall be strictly determined.

Legal basis: Article 1072 of the Civil Code of Burying and Burning Article 1072 Stepparents and stepchildren shall not be abused or discriminated against. The provisions of this Law on the relationship between parents and children apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.

Article 1127 of the Civil Code The inheritance of inheritance 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 will be inherited by the first-order heirs, and the second-order heirs will 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.

Whether a stepson has the right to compete with his biological child for the inheritance depends on the circumstances. If the stepson and stepparents form a Qin Meng rent to raise Guan Zhitong, then they can fight for property, otherwise they can't fight for property. The determination of the formation of a dependency relationship shall be based on comprehensive consideration in terms of financial support, time of support, support, residence, and funeral matters, and the suspicion shall be strictly recognized.

1. Can stepsons fight for property with their parents?

Depending on the circumstances, a stepchild who has a dependent relationship with the stepparent has the right to inherit the estate of the stepparent, because the stepchild with a dependent relationship has formed a legal fictitious blood relationship with the stepparent, and the stepchild can inherit the decedent's estate like a legitimate child and become the legal heir of the decedent. According to Article 1127 of the Civil Code, a stepchild who has a dependency relationship with his stepparents has the right to inherit the estate of his stepparents, because a stepchild with a dependency relationship has formed a legal fictitious blood relationship with his stepparents, and the stepchild can inherit the estate of the decedent like a legitimate child and become the legal heir of the decedent.

2. Is there a distinction between the inheritance rights of stepchildren and biological children?

There is no difference if a dependency relationship is formed between the stepchild and the stepparent; If there is no dependency relationship, there is a difference. Only if the stepparent has formed a dependency relationship with the stepparent, that is, the two live together, and financially, the stepparent has given support to the stepchild and paid the necessary expenses, then a dependency relationship is formed, and the two enjoy mutual inheritance rights. Otherwise, if there is no relationship of dependency, there is no right of inheritance between them.

3. Whether there is a difference between biological children and stepchildren is the right of inheritance.

Whether or not there is an inheritance depends on whether there is a dependency relationship. Children among legal heirs include adopted children. An adoptive relationship is a legal act between people whereby an adopter adopts a child of the adopter as his own child.

After the adoptive relationship is formed, the relationship of rights and obligations between the adoptee and the biological parents is extinguished. In the case of a de facto adoptive relationship, it should be noted that the following conditions must be met at the same time:

1) Although the parties have not gone through the legal formalities for adoption, they have to pay for the custody and education, maintenance and support;

2) both parties are commensurate with their parents and children, and their relatives and friends know that they are adoptive parents and children;

3) The rights and obligations of adopted children and their biological parents have been eliminated. Only those who meet the above conditions can inherit each other.

The following aspects should be paid attention to when dealing with inheritance disputes of adopted children:

1. The premise of confirming the inheritance right of adopted children is to see whether they have established an adoptive relationship with the decedent in accordance with the law.

2. Adopted children and biological children enjoy equal inheritance rights, and when the conditions are basically the same, the inheritance share is the same.

3. The adopted child has no right to inherit the estate of the biological parents.

4. If the adoptive child has fulfilled the obligation to support the adoptive parents, and has more support for the biological parents, he or she inherits the inheritance of the adoptive parents and can also share the appropriate inheritance of the biological parents.

5. An adoptive child who has dissolved the adoptive relationship cannot inherit the estate of the adoptive parents.

6. Adopted children who have not formally dissolved the adoption relationship still enjoy the right of inheritance.