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If you want to avoid the ex-wife's children from fighting for real estate after remarriage, you can use the method of making a will to determine the testamentary heir, so as to avoid the ex-wife's children from inheriting the property. If you do not make a will, you will inherit the estate according to the legal inheritance method, and the order of inheritance is spouse, children (including the children of the ex-wife), and parents.
Legal basis: Article 1126 of the Civil Code Law.
Inheritance rights are equal between men and women.
Article 1127 of the Civil Code.
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 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.
Article 1128 of the Civil Code.
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. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation. Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.
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1. If the husband and wife are married for the second time, in order to avoid the children from competing for real estate, you can make a will to determine who will inherit it, so as to effectively avoid the children competing for real estate in the future and affecting the relationship between everyone.
2. If the two do not make a will, then from the perspective of national laws and regulations, they should inherit according to the order of inheritance, the property should be the first heir, then the second heir, etc., the first heir should be the spouse, then the children, and then the father.
3. In addition, from the perspective of national laws and regulations, the ex-wife and children also have the right to inherit, so the property in the division can not be partial, if it is eccentric, then it will be affected for the ex-wife and children, if the court lawsuit is passed, the judge will also require the property to be distributed to the ex-wife and children.
Article 1133 of the Civil Code: Natural persons 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.
Article 1134: A self-written will is to be written and signed by the testator himself, indicating the year, month, and day.
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