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According to the current inheritance law in our country, if there is no will or bequest maintenance agreement, the heirs in two sequences are classified:
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.
That is, the father belongs to the first sequence and is undoubtedly the heir.
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No, a birth certificate is not the same as an heir to legal paternity.
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Legal analysis: No, the birth medical certificate handled by the child must provide the ID card and marriage certificate of both parents, and the name of both parents, ID card number, gender, age, and ID card address on the birth medical certificate must be complete.
Legal basis: "Measures for the Administration of Medical Birth Certificates" Article 3 The "Medical Certificate of Birth" is issued in accordance with the "Maternal and Infant Health Care Law of the People's Republic of China", which proves the birth status of the baby, the relationship between the baby's relatives and the declaration of nationality and household registration.
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Hello, I'm glad to answer your legal analysis: it can be changed. 1. However, the child must be asked to do a DNA paternity test with the biological father, if the test results show that the child is related to the biological father you said and is father and son, you can use the certificate to settle down at the police station.
2. Since the father of the child with the birth certificate is not his biological father, the certificate will not play a role in settling down, and the DNA test results of the child and the biological parents can be used to settle down. Legal basis: "Provisions on Birth Certificates" Article 3 The Medical Certificate of Birth shall be uniformly issued by the Ministry of Health, and the Municipal and District (County) Health Bureaus shall be responsible for the issuance, management and supervision of the Medical Certificate of Birth.
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Heir inheritance generally requires relevant proof. According to the relevant laws and regulations, the death certificate and kinship certificate of the decedent are required in the process of real estate inheritance. The estate is handled in the order of spouse, children, and parents in the first order, and in the order of siblings, grandparents, and maternal grandparents in the second order.
1. If the son is still alive, can the grandson have the right to inherit?
The son is still alive, and the grandson has no right to inherit. Order of inheritance:
1. First order: spouse, children, parents;
2. Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it will be inherited by the first-order heirs, the second-order heirs will not inherit, and if there is no first-order heirs, the second-order heirs will inherit. Where the decedent's children die before the decedent, the decedent's children are to be subrogated by the direct descendants of the decedent's blood relatives.
2. How to inherit the inheritance of the parents' estate.
If there is a will, the distribution of the estate will be done according to the will, if there is no will, the legal succession will be handled, and the estate will be inherited in the following order: first order: spouse, children, parents.
Second order: brother, sister, sister, grandparent. After the succession begins, the first-order heirs will inherit the succession, and the second-order heirs will not inherit.
If there is no first-order heir, the second-order heir shall inherit. If there is an inheritance dispute, you can go through the legal procedures to inherit the parents' estate, and the specific amount of inheritance can be divided depends on the judgment and determination of the court. The inheritance of real estate should first go to the notary office to go through the notarization procedures for real estate inheritance, and then go to the real estate transaction center to go through the real estate inheritance procedures.
There are two kinds of inheritance of real estate, one is testamentary succession, and the other is statutory inheritance, if the deceased did not leave a will during his lifetime, it must be handled in accordance with the legal inheritance. To go to the notary office to issue a notarial certificate, you need to bring two certificates and two documents: 1. You must go to the police station to issue the death certificate of the deceased.
1. The property right certificate or other certificate of the house;
2. Go to the deceased's unit (or neighborhood committee, village committee) to issue a legal heir certificate.
3. The identity document of the heir.
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. 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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Legal analysis: It can be changed, you must let the biological father and myself go to the hospital to do a parent-child test, and then ask the hospital to issue a certificate of pro-Hui and Mengzi to prove that Maebashi is his biological father.
Legal basis: "Regulations of the People's Republic of China on Household Registration" Article 7 Within one month after the birth of a child, the head of the household, relatives, caregivers or neighbors shall report the birth registration to the household registration authority of the child's habitual residence. For abandoned infants, the adopter or the child-rearing authority shall report the birth registration to the household registration authority.
The parents in the legal heirs are their own parents.
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