Inheritance standing for someone not on household registration

My widowed father owns an apartment in Taiwan and has dual Taiwan/US citizenship. He has 3 children, the first 2 were born in Taiwan and were registered in Taiwan. The youngest was born in the US and was NOT registered. When my father passes away, will the youngest child be entitled to her portion equally and be included in the inheritance process?

yes, iiuc Part â…¤ Succession of Civil Code.

Although as @tando said, it’s not necessary to be Taiwanese to claim a Taiwnaese inheritance… the youngest is still Taiwanese and entitled to the rights of ROC nationality.

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Thank you so much for the quick response! The page was hard for me to comprehend. Is there a specific article that you’re point to?

The first article in the section says nothing about nationality, but just the relationship between the deceased and heirs.

Article 1138
Heirs to property other than the spouse come in the following order:
(1) Lineal descendants by blood;
(2) Parents;
(3) Brothers and sisters;
(4) Grandparents.

I guess the point is having appropriate documentation to prove that the youngest child is a lineal descendant of my parents during the inheritance process and not solely rely on the household registration.

yes. without a proof of the relationship with the deceased, anyone cannot be a heir, and the proof is not limited to the household registration.

How can you prove it? If his body is still around, perhaps a dna test is posible. but the courts are pretty busy with this kind of problem in taiwan, can get messy if you guys arent on good terms.

Authenticated foreign documents like birth certificate or acknowledgement must be as good as the household registration. letters from the deceased calling you his child, proof of his financial support to raise you, etc are supposed to be recognized.

Now, if you are a kid out of wedlock and there is no proof, you maybe cannot be a heir.

Question: my father has so much debt and I haven’t seen him for years and I’m not registered in taiwan as his kid too. Will I be responsible for his debt when he dies? Will the creditor have the rights to ask me to pay for his debt even if im living in USA and a us cotizen?

I guess theoretically it is possible.
You can relinquish your inheritance, though. Iiuc

How do you do this? Where to find information how to relinquish inheritance?

Most of English speaking lawyers in Taiwan may explain it, I guess.

In mandarin, some relevant information

https://www.pthg.gov.tw/e-service/page_1_7_9.html

https://www.roc-taiwan.org/nz/post/7981.html

https://www.taiwanembassy.org/uschi/post/95.html

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What will happen if I didn’t relinquish my inheritance as I dont love in Taiwan, not registered in Taiwan or doesn’t have any proofs in taiwan that says im my dad’s kid. Should the creditor for my dad’s debt still look after me to pay his debts?

I would assume that if you have zero paper records of being his kid, you would recieve nothing and be indebted with nothing. Dont take a dna test and.you should be fine.

Not legal advice, but seems like a no brainer if there is no proof of relation.