If the stepfather remarries, who does the property belong to, and does the stepmother have the right

According to Article 10 of the Inheritance Law of the People's Republic of China, a stepchild who has a dependent relationship with his stepparents has the right to inherit the estate of his stepparents. This is because a legal fictitious blood relationship has been formed between a dependent stepchild and his stepparent. In law, the maintenance relationship is mainly manifested in the stepparent's obligation to support the minor stepchild

The guardian has a true intention to raise the stepchild; The stepchild is financially supported by the stepparent; The stepparent bears part or all of the stepchild's living expenses or education expenses.

The right of inheritance of a stepchild is based on the formation of a custody relationship, and if the custody relationship does not exist or even if it once existed, it then disappeared for some reason, then the stepchild cannot inherit the stepparent's estate.

1. The property transferred by your mother to your stepfather's name + half of the property you and he shared = your stepfather's personal property before remarriage, if your stepfather dies, the part of these properties that still exists + half of the joint property of the husband and wife after his remarriage = his estate: his estate is inherited by his legal first-order heirs.

2. "Who owned the property that my mother transferred to his name after his stepfather's marriage": Of course, it belongs to your stepfather.

3. "After a hundred years of my stepfather, will this property belong to the children of his remarriage partner or to me?" ”：

1) If you have formed a relationship of custody and dependency with your stepfather: you have the right to inherit your stepfather's estate; Yes, if there is no relationship between custody and dependent: you have no right to inherit your stepfather's estate.

2) The same is true of the children of his remarried wife: those with whom he has formed a relationship of custody and dependency are his heirs in order, and those who do not have a relationship of custody and dependency have no right of inheritance.

3) 100 years after your stepfather; The extent of his estate is determined by the method of 1; His estate is jointly inherited by his wife, his parents (if he was still at the time of his death), and the children of you and his wife can also inherit if they form a relationship of raising and being depended upon by him.

4) His inheritance: It is not to his "child of the remarriage partner", but also to you, but by the above people, whether you can inherit depends on whether you have lived with him, whether you have formed a relationship with him to raise and be raised.

You have the right to inherit the property in your mother's name. If you have a dependent relationship with your stepparents (who have lived with them since childhood), you have the right to inherit your stepfather's property. The property you and your stepfather share equally among them.

Children brought by your stepfather's spouse after remarriage can inherit your stepfather's property if they form a dependency relationship with your stepfather.

You and your stepfather's remarriage partner's children are both stepchildren, and the three of you and your remarriage partner (his wife) are the first in line of succession, and if they inherit according to the law, they will be divided equally, and if they have another child, they will be divided by one more person.

But do you think that with your relationship with your stepfather, will your stepfather inherit according to the law after he dies, it must be a will, testamentary succession is higher than legal inheritance, and how much he will inherit for you.

I wonder what happened to your mother and why she transferred most of her property to him. Was it transferred before your mother's death, or after your death, how old were you when you died.

Of course it belongs to your stepfather ... Everyone has changed.

Downstairs friends, this has to consider the principle of fairness, right? After all, the two sets of real estate were given by the landlord's mother. I don't think the testamentary bequest factor is considered.,You should have to give the landlord a set.。。

Forget, I'll take a look.

Legal Analysis: Entitled to Inheritance. An inheritance is an individual's legal property left behind when a citizen dies. Therefore, although the husband's pre-marital property is not the joint property of the husband and wife, but belongs to the legal property of the individual of the husband's party, the wife of course has the right to inherit.

Legal basis: Article 1122 of the Civil Law of the People's Republic of China An estate is the personal legal property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Legal Analysis: Entitled to Inheritance. An inheritance is an individual's legal property left behind when a citizen dies. Therefore, although the husband's pre-marital property is not the joint property of the husband and wife, it is the legal property of the husband's individual, and the wife certainly has the right to inherit.

Legal basis: Article 1122 of the Civil Code of the People's Republic of China An inheritance is the lawful property of a natural person left behind at the time of his death. An inheritance that is not allowed to be inherited in accordance with the provisions of the law or according to its nature shall not be inherited.

Where the father remarries and the stepmother is generally entitled to inherit the premarital property. However, if the decedent designates to exclude his inheritance, it is not the case. According to the relevant laws and regulations, inheritance shall be handled in the order in which bequest and maintenance is superior to the will, and the will is superior to the statutory inheritance.

In addition, legal inheritance shall be handled in the order in which spouse, children, and parents are superior to siblings, grandparents, and maternal grandparents.

1. What should I do if one of the parties dies due to a property dispute after the divorce.

In the event of the death of one of the parties to the property dispute after the divorce, and the joint property is involved, unless otherwise agreed, when the estate is divided, half of the jointly owned property shall be divided into the spouse's possession, and the total amount of the decedent's estate shall be calculated. Then, inherit in the order that bequest maintenance is superior to the will, and the will is superior to the statutory inheritance. Personal property is generally not divided, and is directly handled in the order in which bequest and support is superior to the will, and the will is superior to the statutory inheritance.

2. How to distribute the property of the elderly who have died.

In the case of the death of the wife, the distribution of property is as follows: the personal property involved is directly handled in the order that bequest and support is superior to the will, and the will is superior to the legal inheritance. In the case of jointly owned property, the spouse's share shall be divided according to the agreement or law, and then the share of the decedent shall be confirmed, and then the inheritance shall be carried out in accordance with the above rules.

3. How to divide the estate of the son's death.

The division of the son's deceased estate: if the son has a spouse, Duan Yuji should divide half of the jointly owned property to the spouse, and the rest to the decedent's estate, and after calculating the total amount of the estate, it shall be handled in the order that bequest and maintenance are better than wills, and wills are better than legal inheritance. However, if the son does not have a spouse, it shall be handled directly in the order that bequest and maintenance is superior to the will, and the will is superior to the legal inheritance.

Article 1127 of the Civil Code of the People's Republic of China.

The estate is inherited 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 to inherit the inheritance, the second-order heir shall inherit it.

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.

Article 1123.

After the commencement of inheritance, it shall be handled in accordance with the 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 shall be handled in accordance with the agreement.

Although the property before the father's remarriage is pre-marital property, because the father has passed away, these assets exist as inheritance, and the stepmother is in a spousal relationship with the father and is one of the first heirs in line, so she has the right to inherit the father's property. <>

According to the provisions of China's law on inheritance, if the deceased did not leave a legal will during his lifetime, then all the property left behind, including movable property, immovable property, ****, etc., will be implemented by default in accordance with the legal inheritance order, among which the spouse, children, and parents are the default first heirs of the deceased, although the stepmother is not the child's biological mother, but in the legal sense, she is still the father's wife, so her inheritance rights are changed and will not be affected by the second marriage. In fact, it is not difficult to understand this, in reality, there are many greedy and vain people Minghe, in order to be able to continue their luxurious life, they choose to marry a man many years older than themselves, in order to be able to get a share of his estate after the man dies. <>

In addition, it should be noted that in addition to the biological child, the children of the first heir in line also enjoy the same rights as the stepchildren and stepdaughters brought about by the second marriage, unless the stepchild did not live in the family of the deceased, and the deceased and the child have no legal obligation to support the child. Thus if the children have thoughts about the inheritance of propertyWhen parents get married for the second time, they should fully consider the follow-up matters to ensure that they can accept the future distribution of property, so as to avoid unnecessary troubles caused by disputes with stepmothers or their children due to property issues after the death of their father. <>

In addition to the appeal point, if the deceased does not have the first heir in line after his death, then according to the regulations, there will be a second heir in line to inherit Xun Huai's estate, which includes grandparents, grandparents, brothers and sisters, etc., like the uncle in the previous uproar in the inheritance case, does not belong to the first and second heirs, so even if his nephew dies, no one can inherit the property, and it is not the uncle's turn to inherit, and his property can only be handed over to the local civil affairs bureau for management.

Before the father's remarriage, it was a pre-marital property, but when the father and stepmother got married, they were husband and wife, and the stepmother was the first heir to the father's estate. The heirs inherit not only the inheritance after marriage, but also the property of their father before marriage. If the father divorces the stepmother before his death, the stepmother has no right to inherit.

There is a right to inheritance. According to the law, the inheritance is the personal legal property left by the citizen at the time of death, and although the husband's premarital property is not the joint property of the husband and wife, it is the property that the husband legally imitates, so the wife has the right to inherit it.

There may be, if it's for her, of course it can be used for her, and it can be used by herself.

1. The relationship between the stepfather or stepmother and the stepchild has been blindly formed and can be divided into two situations:

First, if the stepfather or stepmother does not agree to continue to raise the stepchild who has been raised and educated by him, he cannot force it, and the relationship between the stepchild and the stepfather or stepmother can be dissolved naturally; Where the stepfather or stepmother is willing to continue to raise the stepchild, the people's court shall permit it.

Second, if a stepchild who has been raised or educated by a stepfather or stepmother for a long time has reached adulthood, the identity relationship and the relationship of rights and obligations that have been formed between the stepfather or stepmother and the stepchild cannot be naturally dissolved by divorce; The dissolution can only be made if one or both of the stepfathers or stepmothers or stepchildren propose to dissolve the stepparent-child relationship and the conditions provided for by law are met.

2. In accordance with the spirit of the Reply of the Supreme People's Court on the Right of a Stepmother to Require a Stepchild Who Has Formed a Relationship of Support to Perform the Obligation of Support after the Divorce of the Stepmother and the Biological Father, although the stepmother (father) and the biological father (mother) divorce and the marital relationship disappears, the maintenance relationship that has been formed between the stepparent and the stepchild cannot disappear.

From the perspective of the principle of reciprocity of rights and obligations in civil law, stepparents and stepchildren who have formed a relationship of support still enjoy the right of inheritance to each other after the marriage between the stepparents and the biological parents is dissolved. and if the decedent has provided the main economic support for the decedent's livelihood, or has given Sakura-eda the main support in terms of labor services, it shall be deemed that he has fulfilled the main maintenance obligation or the main support obligation.

What are the requirements for the renunciation of inheritance.

The right of inheritance is a civil right of citizens, and citizens can exercise their civil rights in accordance with the law, or they can give up their civil rights. Once the heir has renounced the right of inheritance, he or she may no longer insist on the claim of inheritance.

Article 1124 of the Civil Code [Acceptance and Renunciation of Inheritance] After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the disposition of the inheritance; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

The establishment of a stepparent-child relationship is often due to the fact that one's biological parents have registered their marriage with another person, thus forming a fictitious parent-child relationship. Generally, if the stepparents have the act of raising, caring and educating the stepchildren, then the stepchildren often need to support the stepparents, and at the same time can enjoy the inheritance rights of the step-grinding parents. Even if the marriage between one's parents and step-parents is established in the future, it usually does not affect the inheritance rights.