Whether an illegitimate child has the right to inherit property and how to maintain the right of a c

Children born out of wedlock have fair and equal inheritance rights with legitimate children. In the order of succession, in the 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.

Where the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

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

The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Appropriate inheritance may be distributed to persons other than the heirs who lack the ability to work and do not have a living who are dependent on the support of the deceased, or who are not the heirs who support the deceased more.

The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

If you want to have a child in wedlock and get all the property, you can ask the deceased to make a will and the heir can enjoy it exclusively after judicial justice. But the heirs will generally not agree to do so. In their eyes, legitimate children and illegitimate children are also their own children, their own flesh and blood.

According to China's current marriage law, children born out of wedlock can inherit their parents' property in the same way as legitimate children. The original intention of the law is not to let children bear the mistakes of their parents!

It is necessary to determine which inheritances are inherited by illegitimate children according to the property situation.

Children born out of wedlock have the same rights as children born out of wedlock.

Legal Analysis:

Illegitimate children have the right to inherit property.

Legal basis: Civil Code of the People's Republic of China Article 1127 The inheritance of the estate shall be 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. 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. The term "parents" as used in this part includes biological parents, adoptive parents, and stepparents who have 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.

Illegitimate children have the right to inherit property, because illegitimate children exercise the right of inheritance as the first heir in equal equality as legitimate children and receive a share of the family property. The Civil Code clearly stipulates that in legal succession, the children of the first-order heirs include the children born to the non-marital family, and the illegitimate children enjoy the same rights as the legitimate children.

[Legal basis].Article 1071 of the Civil Code of the People's Republic of China.

Children born out of wedlock enjoy the same rights as legitimate children, and no person may endanger or discriminate against them.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.