Reply:

Because in the question, you did not clearly state whether your husband left a will or not, we would like to present two cases as follows:

Case 1: Your husband did not leave a will

Civil law does not distinguish between the legal inheritance rights of children in wedlock or illegitimate children to their father's estate. Therefore, if the other woman has enough evidence to prove that the child is the child of your deceased husband, then this child will have the right to inherit by law protected. At that time, that child is considered your husband's biological child.

Because your husband has passed away and did not leave a will, the property owned by your husband will be inherited according to law. Civil law stipulates the following cases when a person dies without leaving a will:

“Article 650. Cases of inheritance according to law

1. Inheritance according to law applies in the following cases:

a) There is no will;”

Thus, your weasel's children will become legal heirs and enjoy inheritance according to the provisions of civil law on inheritance. The law stipulates the order of priority in cases of inheritance according to law as follows:

“Article 651. Heirs at law

1. The heirs at law are specified in the following order:

a) The first line of inheritance includes: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased;

b) The second line of inheritance includes: grandfather, grandmother, maternal grandfather, maternal grandmother, biological brother, biological sister, younger sibling of the deceased; grandchildren of the deceased and the deceased is a grandfather, grandmother, maternal grandfather, maternal grandmother;

c) The third line of inheritance includes: paternal and maternal great-grandparents of the deceased; paternal uncle, paternal uncle, paternal uncle, paternal aunt, paternal aunt of the deceased; nephew of the deceased and the deceased is a paternal uncle, maternal uncle, maternal uncle, maternal aunt, maternal aunt; The deceased's great-grandchildren are paternal and maternal great-grandchildren”.

According to the provisions of Point a, Clause 1, Article 651 of the 2015 Civil Code regarding legal inheritance, that child is in the first line of inheritance. Those in the next line of inheritance are only entitled to inherit, if there is no one left in the previous line of inheritance because they are dead, have no right to inherit, are disqualified from inheriting or refuse to receive the inheritance. According to the law, heirs of the same line are entitled to equal shares of the inheritance.

Thus, there needs to be evidence to prove whether the other child is your husband's biological child or not. To perform this verification, you can conduct a DNA test to check the blood relationship between two people. If that child is indeed the biological child of your deceased husband, he or she will be divided into inheritance according to the law.

Case 2: Your husband left a will

A will is an expression of an individual's will to transfer his or her assets to others after death. According to Article 626 of the 2015 Civil Code, the testator has the following rights:

- Designation of heirs; disqualify the heir from enjoying the inheritance.

- Determining the inheritance for each heir.

- Set aside a part of the assets in the heritage block for bequests and worship.

- Assign obligations to heirs.

- Appoint the keeper of the will, the estate manager, and the person dividing the estate.

You need to check whether your husband left a will or not. If your husband leaves a will that includes the child's name in the will, the child will receive the inheritance corresponding to the will.

In case your husband leaves a will but does not include the child's name or your husband states in the will that he does not leave any inheritance to that child, that child will still enjoy the inheritance. Civil law regulates cases of inheritance that do not depend on wills as follows:

“Article 644. Heirs do not depend on the contents of the will

1. The following people are still entitled to a share of the estate equal to two-thirds of the rate of a legal heir if the estate is divided according to law, in case they are not entitled to the estate by the testator or only to inherit less than two-thirds of that portion of the estate:

a) Minor children, father, mother, wife, husband;

b) Adult children who are unable to work”.

Since you said the other child is currently only 7 years old, that child is considered your husband's minor child. Because that child is an heir regardless of the content of the will, even if your husband writes a will that does not leave any inheritance to the child, the child will still receive at least 2/3 of the child's share. inherit according to law.

Therefore, if there is enough evidence to prove the paternity relationship between your husband and the other child, that child will still have the right to inheritance protected by law. Accordingly, that child is still entitled to an inheritance equal to two-thirds of the rate of a legal heir, regardless of the content of the will.