Legal basis:
Article 1072 of the Civil Code of People's Republic of China (PRC): There shall be no maltreatment or discrimination between stepparents and stepchildren. The provisions of this law on the relationship between parents and children shall apply to the rights and obligations between stepfathers or stepmothers and their stepchildren.
Article 1 127 of the Civil Code of People's Republic of China (PRC) is inherited in the following order:
(1) First order: spouse, children, parents;
(2) The second order: brothers and sisters, grandparents and grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order.
The children mentioned here include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
Then the question comes, what will be considered as dependency? It needs to be comprehensively considered from the following aspects.
The dependency relationship generally refers to the economic support, life care and spiritual care among family members, including the upbringing and education of the elders to the younger generation, the support and assistance of the younger generation to the elders and the mutual support between peers.
Minor stepchildren live with their stepparents for a long time.
Stepparents raise stepchildren, such as providing care for stepchildren in life and education, and bearing the expenses for their living needs and medical expenses for education and study.
Stepchildren have fulfilled their obligation to support stepparents. This kind of support includes: life care, attention to spiritual needs and alimony payment.
The above support behavior is long-term.
To put it simply, the stepparents have done their duty to support their stepchildren, and the stepchildren have done their duty to support their stepparents or both, so they can inherit property.
However, if the biological father or mother of the stepchild remarries, the stepchild has grown up and separated; Or after the biological father and mother remarried, the stepchild did not live with the stepfather or stepmother. For example, if the stepchild was raised by another parent, grandparents or grandparents, and the stepchild did not fulfill the obligation of raising the stepfather or stepmother, it could not be regarded as the relationship between the stepchild and the stepparent, and the stepchild could not inherit the inheritance of the stepparent.
Remarriage generally involves the redistribution of family interests. In order to prevent disputes arising from the breakdown of marriage, we should make full use of various legal and financial tools such as marital property agreement, testamentary succession, gift agreement, fund, family trust, large insurance policy and so on as measures to protect ourselves and stabilize family relations.