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You can't make it clear Look at the following legal provisions.
Inheritance Law of the People's Republic of China.
Chapter II Statutory Inheritance.
Article 9: Men and women are equal in inheritance rights.
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 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support 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.
Article 13: 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.
Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.
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If they are not biological children, if they do not have a legal child relationship, they can only inherit the property according to a bequest, otherwise they have no right to inherit. In the case of legal paternity, there is equal inheritance rights.
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What the hell are you asking?
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Non-biological children also have inheritance rights.
The Civil Code stipulates that in statutory inheritance, children are the first in line of succession, and children include legitimate children, illegitimate children, adopted children and dependent stepchildren.
So, how is the inheritance distributed.
In the absence of a will, inheritance is carried out in accordance with the method of statutory succession. Legal inheritance rights are provided for by law, and spouses, children, parents, siblings, grandparents, and maternal grandparents all enjoy legal inheritance rights. Generally, the heirs in the same order will inherit equally.
To sum up, non-biological children have the same inheritance rights as biological children, and they are distributed in the above way, I hope it can be helpful to you.
Article 1127 of the Civil Code of the People's Republic of China states that 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 to inherit it, it shall be inherited by the second-order heir.
For the purposes of this Part, the term "children" includes legitimate children, illegitimate children, 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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1. Isn't it the right of the biological child to inherit the inheritance?
1. Children who are not biological have the right to inherit the estate. The first order is the spouse, children and parents of the decedent. The second order is the siblings, grandparents and maternal grandparents of the deceased.
It is inherited by the first-order heirs at the beginning, and if there is no first-order heir, the second-order heirs should inherit.
2. Legal basis: Article 1125 of the Civil Code of the People's Republic of China If the heir commits any of the following acts, he shall lose the right of inheritance:
1) Intentionally killing the decedent;
2) killing other heirs for the purpose of competing for an inheritance;
3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;
4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;
5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.
Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.
Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.
2. What materials are needed for real estate inheritance.
1. Application form;
2. Identity document of the heir;
3. The original real estate warrant;
4. Death certificate of the decedent;
5. Inheritance certificate and notarial certificate;
6. Housing survey table, house plan and cadastral map provided by the Municipal Housing and Land Surveying and Mapping Center;
7. Housing appraisal list.
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Legal Analysis: Yes. If the parents have a will during their lifetime, it is okay to donate the estate to charity or to others instead of giving it to their children.
Parents have a legal will not allow their children to inherit, children give up, or there are circumstances where they should be deprived of inheritance rights in accordance with the law. It is the legitimate right of the elderly to donate their personal lawful property to anyone, and they are not subject to any interference from any unit or individual.
Legal basis: Article 1133 of the Civil Code of the People's Republic of China A natural Zen model person may make a will to dispose of personal property in accordance with the provisions of this law, and may appoint an executor. A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.
A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs. A natural person may establish a testamentary trust in accordance with the law.
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