Gu Yingwen. This article was first published in Dr. ***t teaches you to buy insurance.
Many people want their property to be inherited by their children in the future, but the law does not necessarily allow it, especially if they remarry families.
My father remarried and divorced, and now my father has died, and the son born to my stepmother and my ex-husband also has the same inheritance rights as myself, do you believe it?
This is a real case that I just saw on social platforms in the past two days.
A friend named "Pearl Rice" has recently been preparing to inherit his father's inheritance. I thought that my grandparents were gone, and she was the only first heir, but I didn't expect that things were not so simple.
Her father had a second marriage, when stepmother brought a son. Because when the father and stepmother got married, the stepmother's son was not yet a minor, which led to the father having a parenting relationship with the child who was not related by blood.
So,Even though her father and stepmother have long since divorced, the stepmother's son can still inherit her father's property
Now, she has to have her stepmother's son go to the notary to sign a certificate of renunciation of property in order to inherit his father's property in its entirety. If the other party is unwilling to give up, her stepmother and ex-husband's son are entitled to inherit half of her father's estate in the absence of her father's divorce and grandparents.
Why is this so?
This starts with the laws of our country.
Article 1127 of China's Civil Code stipulatesThe first heirs to the estate are spouses, children, and parentsThis includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
So, how does the law determine a "dependent stepchild"?
When a stepparent lives with a minor stepchild, provides education or care for the stepchild, or pays for part or all of the stepchild's living and education expenses, it is usually considered to have formed a dependency relationship.
This situation is all too common for remarried families.
Thankfully, Pearl's relationship with her stepmother is not bad, and her stepmother's son has agreed to cooperate with her in the formalities. But not everyone is willing to give up such an opportunity to inherit property, especially if there is still a lot of property.
Under the post of "Pearl Rice", a friend shared that when a colleague's brother remarried before, the woman brought a minor daughter. Many years after the two divorced, the colleague's brother died, and the ex-wife sued the other heirs in the name of the child, demanding the division of the estate, and finally the court ruled in favor of the division.
Nowadays, there are many remarried families, and it is normal for parents to want to think more about their biological children. If the parents make a will and specify that all the property will be inherited by the biological child, can the problem of the stepchild divide the property can be avoided?
In theory, it is possible, but it is not easy to operate in practice.
When a person passes away, the heirs of the estate need to take the death certificate, will and other materials, and go to the notary office to handle the inheritance notarization first. After the review, all the heirs must be present, agree with the contents of the will, and sign before the estate can be transferred.
The term "total heirs" here includes dependent stepchildren and other first-in-line heirs. Once some of them question the authenticity of the will, or do not approve of the distribution plan in the will, they can only resort to law and litigation to solve the problem.
Of course, it is better to have a will than not to have one. In addition to wills, it is also recommended that everyone configure life insurance.
In the process of wealth inheritance, life insurance is just as rigid as a will.
The greatest value of life insurance lies in the private inheritance of wealth to ensure that wealth is accurately passed on to the people you want to pass on. Life insurance can designate a beneficiary, after the death of the insured, the beneficiary can apply for a claim with the policy and death certificate, and the insurance money will be directly paid to the beneficiary's account, without the consent of other heirs, and other heirs have no right to divide.
On the other hand,Life insurance can also amplify the wealth that has been passed down through leverage。A 40-year-old woman who chooses to pay for 20 years and pays more than 170,000 yuan a year can lock in a wealth of 10 million yuan and pass it on to the next generation. After paying the full premium, there is still an appointment2.8 timesLeverage of wealth.
Wealth inheritance is a complex "system engineering", whether it is a remarried family or an ordinary family, it is necessary to use good tools and plan early.