Before getting married to Mr. Nam, I had a child named Hung but he has not been living with us. Then, Mr. Nam died without a testament. So, in this case, can my son inherit his stepfather’s estates? Thank you.
Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:
Because Mr. Nam died without a testament, his properties shall be distributed under the law. According to Clause 1, Article 651 of Civil Code 2015 on heirs at law:
1. Heirs at law are categorized in the following order of priority:
a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;
c) The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased, and biological nephews and nieces of the deceased.
Besides, according to Article 654 of Civil Code 2015, “If a stepchild and his or her stepparents care for and support each other as though they were biologically related, they may inherit each other's estates and may also inherit in accordance with articles 652 and 653 of this Code”
As analyzed, your son has not been living with and has not taken care of his stepfather, so he is not entitled to inherit Mr. Nam’s estates.
Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.
Legal expert: Nguyen Thi Lan Anh
FDVN Law Firm
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