

Q
Through a lawsuit for affiliation, someone has appeared claiming to be my husband's child. What should I do in such a case?
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Hello. My husband passed away, and since there was real estate in his name, I divided it with my daughters. But suddenly, through a lawsuit for affiliation, someone appeared claiming to be my husband's son. We have already divided the inherited property; if this person is legally recognized, do we have to return the property we divided?
lawsuit for affiliation
Answer to Related Inquiry
Author: 김국일
First, if, through a lawsuit for affiliation, the court recognizes that person as your husband's child, that person is legally deemed a lineal descendant of your husband.
In other words, the person comes to hold a right of inheritance as a first-priority heir.
Therefore, like you and your daughters, that son can also have a share of inheritance in your husband's property.
However, if you have already divided your husband's inherited property through a division, then even if the person is recognized as a son through a lawsuit for affiliation, they cannot directly claim that property.
In such a case, the recognized son can only demand payment of an amount equivalent to the share of inheritance that should have gone to them.
For example, if the real estate you mentioned has already been settled through the division of inheritance, it is difficult for that son to directly assert ownership of that real estate.
As such, a lawsuit for affiliation is a procedure through which a right of inheritance can be recognized by way of affiliation, and even after affiliation, the rights may be adjusted according to the existing situation of the division of inheritance.
For details, we recommend that you find out a more accurate response through a consultation with an attorney with extensive experience in inheritance matters.

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