Can a stepchild who is responsible for supporting his stepmother but does not live with her inherit?
In the case where stepchildren do not live together, but still visit and pay for others to raise and take care of their stepmother, are they considered to have a relationship of care and nurturing each other to inherit each other's estate? This is a matter of concern for Ms. Lo Thi Lan (Con Cuong, Nghe An).
Reply:According to Article 654 of the 2015 Civil Code:
Stepchildren and stepfathers and stepmothers, if they have a caring and nurturing relationship like father and child or mother and child, are entitled to inherit each other's estate and also have their inheritance divided according to the provisions of Articles 652 and 653 of this Code.
Determining whether there is a relationship of nurturing and caring for each other in reality like father and child, mother and child, must be based on the provisions of the Law on Marriage and Family on the rights and obligations of fathers, mothers and children (Articles 69, 70, 71, 72), in which, it is necessary to comprehensively evaluate factors such as: stepfathers and stepmothers pay monthly for nurturing, caring for, taking care of, studying, educating their children, loving their children... or if stepfathers and stepmothers do not have the conditions to live at an average level in the locality, then stepchildren have provided monthly money for nurturing and caring for each other... At the same time, the level of nurturing and caring for each other in reality like father and child, mother and child must ensure their lives.
Therefore, based on the above provisions, stepchildren, stepfathers and stepmothers only need to have a relationship of care and nurturing for each other in reality like father, mother and child to inherit each other's estate, and these people are not required to live together.
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