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Stepchildren have no right to inherit the estate of their biological parents. From a legal point of view, this kind of adoptive behavior is based on feudal ethical concepts such as patriarchy and inheritance of incense, and China's current "Marriage Law" and "Inheritance Law" do not recognize this relationship. Article 38 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policies and Laws stipulates that if a "adopted" child forms a relationship of support with his or her "step-by" parents, it is an adopted child and has the right to inherit each other; If it is a feudal "succession" or "heir", and there is no relationship of support, it cannot enjoy the right of inheritance.
For traditional "adoptive" behavior, whether an adoption relationship can be formed is the direct basis for whether or not the right to inherit is enjoyed. If the step-son continues to live with his biological parents after the adoption, and the adoptive act is only for the purpose of continuing the incense or is buried as a son when the step-parents are born, the two parties to the adoptive will not have the right to inherit. However, if the stepchild lives with the step-parents after the adoptive and separates the parent-child relationship from the biological parents, it shall be regarded as de facto adoption and the parties shall have the right to inherit each other.
Good Lawyer Network.
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He was succeeded by his uncle as a son. If the hukou relationship has already moved to the uncle, then it should have nothing to do with the original parents. If the hukou relationship and adoption procedures have not been completed, then the relationship with the original parents is still paternity, and the parents' property can be inherited.
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If you pass on to your uncle as a son, you can't inherit the inheritance of your biological parents, because you have already passed through your step-uncle as a son, you can inherit your uncle's estate, and your biological parents' household registration has gone to your uncle's side and you can make a son for your uncle, so your biological parents' estate can't be inherited.
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The Supreme People's Court's Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws" stipulates that if relatives, friends, or the general public have recognized it, or the relevant organization certificate clearly states that they have lived together for a long time in the relationship between adoptive parents and adoptive children, even if they have not gone through legal formalities, they should also be treated as an adoptive relationship. Where an "adoptive" child and a "step" parent form a relationship of support, they are adopted children and have the right to inherit each other; If it is a feudal "succession" or "heir", and there is no relationship of support, it cannot enjoy the right of inheritance.
According to the correlation of the above content, it can be concluded that a child who is passed on to someone else can still inherit the inheritance of the biological father, because the biological father is related to the other party by blood, and he belongs to the direct family, no matter how many people he passes on, this fact will not change.
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If you pass to your uncle as a son and establish a relationship with your uncle, you have no relationship with your biological parents, and you have no right to inherit the estate on your biological parents' side, and you can only inherit the property on your adoptive parents' side.
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If you pass on to your uncle as a son, you can no longer inherit your parents' estate, you can only inherit your uncle's estate, but if your parents state in your will, then you can participate in the distribution of the estate!
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When he passed on to his uncle, he could inherit the inheritance of his biological parents. Although you have succeeded your uncle as a son, you can also inherit the inheritance of your biological parents, because they are your biological parents.
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Answer: If you pass on to your uncle as a son, you can inherit your uncle's family property, and if your biological parents have a will and your brothers and sisters have no opinion, you can inherit it.
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Although you are the child of your parents by blood, legally speaking, you are the child of the uncle's family and can inherit the inheritance of the uncle's family, and your own parents' estate should not be inherited.
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Since you pass to your uncle as a son, if your biological parents still have a son, you can't inherit your biological parents' estate, and if your biological parents don't have any other sons, you can still inherit your biological parents' estate.
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If your biological parents don't have other children, you can of course inherit it, but if you have other children you can't inherit it, you can inherit your uncle's estate.
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In the past, if you were a son to your uncle, you can inherit a thousand clothes, and if you are a son of your uncle, you can inherit the inheritance of your biological parents If your biological parents still have children, then you have no right to inherit If your biological parents have no children, he can't pass you on You have no right to inherit.
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When he was passed on to his uncle as a son, he was considered to be the uncle's son and could not inherit the inheritance of his biological parents.
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If you transfer to your uncle's family, you are the legal heir of your uncle, but if it is just a simple succession, the identity has not changed, you can inherit your father's estate, and the premise is that the other heirs agree.
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If I used to be a son to my uncle, can I inherit the inheritance of my biological parents? If her biological parents have no children, she can inherit it.
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Can the son I send to my uncle inherit the estate of his biological parents? It depends on whether you have any other siblings. If not, you can inherit, if you have a brother, you can't.
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The son who has passed out is equivalent to someone else's heir, legally speaking, he cannot inherit the inheritance of his biological parents, if the biological parents have a will to divide the inheritance to him, it is another matter!
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If he is inherited as a son of his uncle, then he will not be able to inherit the inheritance of his biological parents, but can only inherit the inheritance of his uncle's family.
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If the biological parents have a will, it is possible. But if not, it can't.
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If the household registration is with the uncle, you are the uncle's son, then you can only inherit the uncle's estate, if your biological parents have a suicide note, then you can inherit according to the suicide note.
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If you pass on to your uncle as a son, then your household registration will be with Bobo, and you can't belong to the heirs of your biological parents, so you can't inherit their inheritance.
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No, you can only inherit your uncle's estate.
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It should be ok. Because you have the right to enjoy your parents' inheritance.
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Can a son who passes on to an uncle inherit the estate of his biological parents? If it has been sent to your uncle and the formalities have already been completed, then you are not eligible to inherit the estate of your biological parents.
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In this case, the biological parents have such an arrangement for their property, and in some cases they will make a will, if the will clearly shows who such a person is? Then it's time for a will.
Or if they don't make a will, it's okay to notarize, if they can notarize and haven't done it, then according to the inheritance law, you also have a part.
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If I send it to my uncle as a son, can I inherit the inheritance of my biological parents? I think if your uncle doesn't have children, you can inherit it, or else.
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Can a son who passes on to an uncle inherit the estate of his biological parents? I think what he said, if you are your own, what your parents will give you should be in advance, after all, what he said are their sons? As for you, I should have a copy of it.
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Legal analysisChildren are one of the first in line of legal succession, and include legitimate children, illegitimate children, adopted children and dependent stepchildren in accordance with the law. Therefore, the penitent children of the successor Lingqing can enjoy the right of inheritance in accordance with the law. However, for stepchildren who have the ability to support and do not fulfill their obligation to support, the estate shall be divided with less or no share.
Legal basisArticle 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order: (1) The 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 "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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Do stepchildren have the right to inherit from their original biological parents If a stepchild and his stepparents form a "custody relationship," they are the children of Li Zhenzhi and have the right to inherit each other, and according to the provisions of the "Civil Code," the relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the "adoption relationship." Therefore, there is no right for a stepchild to inherit from the original parents.
Conditions to be met for the formation of a dependency relationship 1The dependent is a minor or a person who is unable to live independently. 2.
The dependents live together with the dependents. 3.The caregiver cares, educates, disciplines and protects the dependents financially, in life and spiritually, that is, in both material and moral terms.
4.When the period of support reaches a certain period, there are theoretically different views on the minimum period of support, but it is generally believed that it is not less than three years. If the above three conditions are met at the same time, it is possible for the two brigades to form a dependency relationship.
The above is the answer to the relevant knowledge of stepchildren who have the right to inherit their original biological parents, which shows that Li has lived with his stepfather since birth, and in fact, the relationship between them has become a legal custody relationship. Therefore, stepchildren have no right to inherit the inheritance of their original parents. If you have a problem that needs to be communicated and solved, if you are not clear about the content and want to know more, it is recommended that you seek help from a lawyer in time.
Article 1111 of the Civil Code.
From the date of the establishment of the adoptive relationship, the provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between adoptive parents and adoptive children;
The provisions of this Law on the close kinship relationship between the child and the parents shall apply to the relationship of rights and obligations between the adopted child and the close relatives of the adoptive parents.
The relationship of rights and obligations between the adopted child and his or her biological parents and other close relatives shall be extinguished by the establishment of the adoption relationship.
Chapter II: Statutory Succession.
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