

Q
My common-law husband has died. Can I receive inheritance after his death?
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I'm currently working as a vice principal at a school. The fact that I sent inappropriate text messages to a fellow teacher while drunk in a private setting became an issue, and I was referred to the disciplinary committee for violating the duty to maintain dignity, resulting in a demotion. I admit the text messages constituted disciplinary grounds, but the disciplinary level seems excessively heavy and aggravated compared to similar cases. In this case, can I dispute the demotion through public official appeal review, and how should the appeal review be requested?
common-law marriage inheritance
inheritance after death
Answer to Related Inquiry
Author: 김국일
If marriage registration has not been completed, legally, it becomes a 'common-law marriage' relationship and inheritance rights do not arise.
Therefore, since inheritance rights are not granted to common-law spouses, you cannot receive inheritance after death.
However, the son born from the common-law marriage relationship is recognized as having inheritance rights.
The son may legally be a child born out of wedlock, but as he is still the husband's child, he can receive inheritance after death.
However, the son must be legally recognized as the deceased's son.
For this, the recognition procedure must be conducted.
If the son has not yet been recognized, you can file a recognition claim lawsuit in court to be officially recognized as a son.
After completing the recognition procedure, the son becomes the first-priority heir and can receive inherited property after death.
Inheritance after death issues or legal procedures such as recognition claim lawsuits can be complex.
Therefore, it is good to consult with a specialized attorney who has handled many related cases to confirm and proceed with specific procedures.

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