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Whoever is in the name of the house is whom, and if the person dies, his parents, spouse and all biological children have the right to inherit.
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Hello! Yes, whether before or after marriage, if there is a legal parent-child relationship, then the children have the right to inherit!
"Children born out of wedlock" refers to children raised by parents in non-marital relationships, including children born of premarital or extramarital sexual acts and adopted children, stepchildren with a relationship of support, and children born of artificial insemination without the consent of the husband and not approved by the husband afterwards. Legal status and rights of children born out of wedlock. The Marriage Law of the People's Republic of China stipulates:
Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them. "The father of a child born out of wedlock shall bear part or all of the child's necessary maintenance and education expenses until the child is able to live independently. "When necessary, the relationship between an illegitimate child and his or her biological father may be proved through evidence submitted by the biological mother or other personal or physical evidence.
With the consent of the biological mother, the biological father may take the child back for maintenance. If the biological mother raising a child born out of wedlock marries another person, and the husband is willing to pay part or all of the child's living expenses and education expenses, the burden of the biological father may be reduced as appropriate. Legitimate and illegitimate children, although they are different products of legal and illegitimate, are born in different forms, but their legal status is the same, and they bear the same rights and obligations.
Second, it is necessary to find out whether children born out of wedlock have the right to inherit.
Do children born out of wedlock have inheritance rights? The inheritance rights of women born out of wedlock are protected by law in accordance with the law. Article 25 of the Marriage Law stipulates that "children born out of wedlock shall enjoy the same rights as children born in wedlock, and no one shall harm or discriminate against them."
The provisions of this article treat the status of illegitimate children as legitimate children, that is, all the rights enjoyed by legitimate children are equally enjoyed by illegitimate children, and no individual, organization or legal person is allowed to harm or discriminate against them, and the infringer shall bear full responsibility for the infringement arising therefrom. Article 26 of the Marriage Law stipulates that "the State shall protect the lawful adoptive relationship, and the rights and obligations between the adoptive parents and the adoptive children shall be governed by the relevant provisions of this Law on the relationship between parents and children." "The provisions of this article stipulate that the relationship between adoptive parents and children that is legally established and thus established is exactly the same as that of biological parents and children, and that this status will be lost only after the adoptive child has been dissolved through legal procedures, and no individual, organization or legal person may dissolve such relationship or deprive him of his status.
For stepchildren, Article 27 of the Marriage Law stipulates that "there shall be no abuse or discrimination between stepparents and stepchildren." The rights and obligations between stepparents and stepchildren who are raised and educated by them shall be governed by the provisions governing the relationship between parents and children. "The provisions of this article clarify the relationship between stepparents and children, and the provisions on parent-child relations apply, i.e. stepchildren acquire the same legal status as biological children.
It can be seen that children born out of wedlock enjoy the same rights as legitimate children, and are all first-order heirs in the matter of inheritance, and their inheritance rights are statutory and inviolable.
Web Links.
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Legal Analysis: The legal inheritance of Chinese law protects the inheritance rights of children born out of wedlock. Children born out of wedlock have equal inheritance rights with legitimate children, children born out of wedlock are not discriminated against by anyone, and illegitimate children who enjoy the right to inherit in accordance with the law have the right to inherit the estate of the decedent.
However, in testamentary succession, if the testator does not designate the children before marriage to inherit the estate, testamentary succession takes precedence over statutory inheritance.
Legal basis: Civil Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; 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 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, 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 jujube, it will be inherited by the second-order heir. 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.
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Hello, the pre-marital property belongs to the personal property of the deceased and is inherited by the legal first-order heirs in accordance with the law. Article 10 of the Inheritance Law 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 inherit; 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.
If you have no children, then the parents and spouse of the deceased are eligible to inherit.
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That is, if your spouse is married for the second time, your children are the first heirs, and if you have no children, then his children are the first heirs.
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According to your statement, the daughter has no right to inherit.
First of all, if the name of the son is written on the house, it is regarded as a gift from the parents to the child, and the owner is already a son at this time. When the parents died, the house was no longer the parents' inheritance;
Secondly, even if the son dies, only the spouse, parents, and children are the first-order heirs, and the siblings are second-ordered, and the first-order heirs are inherited.
So in either case, the daughter is not entitled to inherit the share of the house.
This matter has to be discussed with the child's mother to go to the real estate bureau to go through the house transfer procedures, and you have to pay a handling fee for the house transfer procedures. Father can't change it secretly, and besides, the real estate bureau won't handle it for you.
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