The father s inheritance is all given to his wife, and what to do with the illegitimate child

According to the law, children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. Therefore, children born out of wedlock should have the same inheritance rights as legitimate children. Testamentary succession precedes statutory succession after the succession begins.

If the decedent makes a will to leave the entire estate to one or several heirs or to someone other than the heir, the necessary share of the estate shall be reserved for the heirs who lack the ability to work and have no livelihood.

Article 25 of the Marriage Law provides that children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

Article 5 of the Inheritance Law: 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.

Both China's marriage law and inheritance law clearly stipulate that children born out of wedlock enjoy the same inheritance rights as legitimate children. For example, Article 18 of China's Marriage Law stipulates: "Parents and children have the right to inherit from each other.

Let's go to court and go to court.

The father's illegitimate son generally does not inherit the mother's widow. However, there is an exception for the two parties who have a relationship of support. According to the relevant legal provisions, the first line of legal heirs includes spouse, children (legitimate children, illegitimate children, adopted children and dependent stepchildren), and parents.

[Legal basis].

Article 1123 of the Civil Code of the People's Republic of China.

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.

Article 1127.

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

How an illegitimate child inherits his father's estate.

If the father has made a valid will, when the inheritance occurs, the father's estate shall be inherited in accordance with the contents of the will. There is no will to inherit the father's estate in the order of statutory succession. According to the provisions of Chinese law, illegitimate children have the same right to inherit their parents' estate as legitimate children.

And all inherit the estate as the first in line of legal succession. No organization or individual may infringe upon the right of inheritance of an heir because he or she is an illegitimate child.

1. Whether the divorced children can inherit the father's property.

As long as there is no loss of inheritance rights as prescribed by law, the children have the right to inherit as the father's legal first-order heirs; Whether or not to divorce has nothing to do with inheritance. If the father made a valid will or bequest agreement during his lifetime, then whether the child can inherit the estate, and the share of the inheritance, depends on the content of the will. If the will or bequest agreement is invalid, the child can inherit the father's estate according to the law.

2. Whether illegitimate children in rural areas can share real estate.

Rural illegitimate children can be divided into real estate, and illegitimate children and children have the same legal status. However, the division of real estate and property depends first and foremost on the father's will. If there is no will, inheritance can be carried out in accordance with the legal process.

The Civil Code of the People's Republic of China stipulates that after the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be inherited or bequeathed according to the testament; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

The inheritance is inherited in the following order: first order: spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.

Following the beginning of the Xun Tsai inheritance, it is inherited by the first heir, and the second heir does not inherit. If the first heir does not inherit, the second heir shall inherit.

3. How to inherit the property without a will after the death of the father.

When the father dies without a will, he inherits the property in the manner of statutory inheritance. If the real estate is the joint property of the husband and wife, it is first necessary to divide the real estate and determine the personal part belonging to the father as the inheritance, and then the parents, children and spouse of the decedent are the legal first-order heirs, and the heirs in the same order should generally receive equal shares of the inheritance.