Does the child have the right to inherit his property with his stepfather s surname?

Updated on society 2024-05-04
7 answers
  1. Anonymous users2024-02-09

    The child's surname and stepfather's surname have nothing to do with whether they have the right to inherit his property, the key is to see whether they meet the requirements of the inheritance law;

    The Inheritance Law of the People's Republic of China stipulates as follows:

    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 7 The heirs shall lose the right of inheritance if they have any of the following acts:

    intentionally killing the deceased;

    killing other heirs for the sake of inheritance;

    abandoning the decedent, or abusing the decedent, where the circumstances are serious;

    Forgery, alteration, or destruction of wills, where the circumstances are serious.

  2. Anonymous users2024-02-08

    If you have entered the same household register, then you have the right, but a surname does not seem to work, you can consult a lawyer or something.

  3. Anonymous users2024-02-07

    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. 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.

  4. Anonymous users2024-02-06

    Legal Analysis: Shirts.

    It should be seen whether the deceased has a will, and if there is a will, it should be executed according to the will. If there is no will, the child certainly has the right to inherit. Whether the parents are divorced or not, whether the children change their surnames or not, it will not affect the inheritance rights of the children.

    Parents and children have the right to inherit from each other. The relationship between parents and children is not extinguished by the divorce or change of surname 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.

    Legal basis: Civil Code of the People's Republic of China

    Article 1127 Inheritance shall be inherited in the following order:

    1) First order: with the right couple, 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. If there is no first-order heir to inherit the code, the second-order heir shall inherit it.

    Article 1128:Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent are to inherit by subrogation.

    If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

    Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

    Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.

  5. Anonymous users2024-02-05

    Summary. Hello, glad to answer for you. The stepfather moves into the name of the stepfather and does not have the right to inherit the property.

    Hello, glad to answer for you. The stepfather moves into the name of the stepfather and does not have the right to inherit the property.

    In general, the stepfather's move into the property in the name of the stepson will not affect his rights in the inheritance of the property in the mountain. According to the Civil Code of the People's Republic of China, spouses, parents and children are legal heirs, and stepsons are not among the legal heirs. Only if the right of inheritance is clearly stipulated in the will, can the stepson obtain the right of inheritance.

    Therefore, if the owner of the property does not explicitly stipulate the right of inheritance in his will, the stepfather's move into the property in the name of the stepson will will not affect his rights in the inheritance of the property, and the right of inheritance still depends on the provisions of the Civil Code of the People's Republic of China.

  6. Anonymous users2024-02-04

    Summary. Relatives, stepfathers who move into the name of their stepchildren will have the right to inherit, and stepchildren who have formed a dependency relationship with their stepparents have the legal right to inherit the stepparents' estate. 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.

    Parents and children who are naturally related by blood have the same rights and obligations. Stepchildren have the right to inherit the stepparent's estate. or if the adult stepchild has in fact supported the stepparent for a long time, a parenting relationship can also be formed between the two parties.

    Relatives, stepfathers who move into the name of their stepchildren will have the right to inherit, and stepchildren who have formed a dependency relationship with their stepparents have the legal right to inherit the stepparents' estate. The provisions of this Law on the relationship between parents and children shall apply to the relationship between the stepfather or stepmother and the stepchild who has been raised and educated by him. Parents and children who are naturally related by blood have the same rights and obligations.

    The stepchild has the right to inherit the inheritance of the parent who succeeds him. or if the adult stepchild has in fact supported the stepparent for a long time, a parenting relationship can also be formed between the two parties.

    The provisions of this Law on parent-child relationships apply to the relationship of rights and interests between parents, stepfathers or stepmothers, and stepchildren who are being raised and educated by them. The stepchild has reached the age of majority and lives independently, and the step-parent step-child relationship is purely a direct marriage relationship, and the two parties have no legal rights and obligations. However, he did not live with his stepfather or stepmother, and was not raised and educated by him, and this kind of relationship also belongs to the pure direct in-law relationship of Hongyanglu.

    Receiving the upbringing and education of a stepfather or stepmother, the two parties form a parenting relationship, have a legal fictional lineal blood relationship, and give rise to the rights and obligations between parents and children. Half-siblings, adoptive siblings, and step-siblings with a dependent relationship.

  7. Anonymous users2024-02-03

    Stepchildren can inherit the real estate of their stepparents, and the children among the 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.

    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 provisions of this Law on the close kinship relationship between children and their parents apply to the relationship of rights and obligations between adopted children and the close relatives of their adoptive 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.

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