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Whether children born to stepmother and ex husband have inheritance rights

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Whether children born to stepmother and ex husband have inheritance rights


        

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  • 2024-05-26 12:00:22

    If there is a de facto support relationship between stepparents and stepchildren for children born to stepmothers and ex husbands, the stepchildren have the right to inherit.

    However, the part of inheritance is the common property of the mother after remarriage and the stepfather, and the stepson and stepdaughter are not qualified to inherit the property of the stepfather before marriage.

    [Legal Basis]

    Article 1127 of the Civil Code states that inheritance shall be carried out in the following order:

    (1) First order: spouse, children, parents;

    (2) The second order: brothers and sisters, grandparents, maternal grandparents.

    After the beginning of succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit; If there is no successor in the first order, the successor in the second order shall inherit.

    The term "children" as used in this Part includes legitimate children, illegitimate children, adopted children and step children who are dependent.

    The term "parents" as used in this Part includes biological parents, adoptive parents and step parents who are dependent on each other.

    The term "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half brothers and half sisters, adoptive brothers and sisters, and step brothers and sisters who have supported each other.

    B***

    2024-05-26 12:00:22

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