

Q
I have questions about the procedures for out-of-wedlock child inheritance.
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Hello. I have a question about the procedure for out-of-wedlock child inheritance. What procedures must an out-of-wedlock child go through to be recognized as having inheritance rights from their biological father? I also heard the procedure differs depending on whether it's before or after inheritance property division — how does the procedure differ? Can someone explain in detail?
out-of-wedlock child inheritance
Answer to Related Inquiry
Author: 김국일
The procedure for being recognized for out-of-wedlock child inheritance can largely be divided into two stages.
First, the out-of-wedlock child must file a paternity recognition lawsuit.
Through this lawsuit, the family court confirms the biological father-child relationship between the out-of-wedlock child and the biological father.
If the biological father has already died, the lawsuit must be filed within 2 years from the date of death, and the relationship is proven through blood type tests, etc.
Once the paternity recognition is completed, the family relationship registry is corrected, and the out-of-wedlock child is registered as a legal heir.
After this procedure is completed, if the inheritance property has not been divided, you can divide the inheritance property in agreement with other heirs.
If an agreement cannot be reached, you can request the court to divide the inheritance through an inheritance property division adjudication petition.
However, if the inheritance property has already been divided, you can recover your share of the inheritance through an inheritance recovery claim.
Since the legal procedures for out-of-wedlock child inheritance can be quite complex, consultation with a specialized attorney is essential for swift and accurate processing.
In addition, when recognized as an heir for out-of-wedlock child inheritance, it is important to fully understand the legal rights and obligations and proceed accordingly.

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