[Anyang Inheritance Attorney Favorable Judgment] Successful Recovery of the Legally Reserved Portion With the Assistance of an Anyang Inheritance Attorney

The client who requested assistance from an Anyang inheritance attorney was unable to inherit the real estate that was the property of the client's late father.

During his lifetime, the father lived together with the mother.

He was in a condition requiring treatment due to old age, but he had little income in his later years and found it difficult to bear the medical expenses.

When the father could not receive medical benefits because he owned the real estate, the client's brother-in-law requested that the title to the real estate be transferred to him, saying that he would take good care of the father, and the father agreed to this proposal and transferred the title to the brother-in-law.

However, the brother-in-law did not care for the father, and the father passed away after having gifted the real estate, his only property, to the brother-in-law.

As a result, the client, who was unable to inherit the father's real estate, came to an Anyang inheritance attorney to proceed with a lawsuit for the return of the legally reserved portion.

■ Laws Relevant to the Legally Reserved Portion as Explained by an Anyang Inheritance Attorney

▶What Is the Legally Reserved Portion?

The legally reserved portion is a legal right that may be recognized when there is a disadvantage in the inheritance process.

▶What Are the Criteria for Entitlement to the Legally Reserved Portion?

The order of statutory inheritance is determined under the Civil Act. Under the law, those who may file a claim for the return of the legally reserved portion are limited to heirs of higher priority.

The order of inheritance consists of lineal descendants in the first rank, lineal ascendants in the second rank, siblings in the third rank, and collateral relatives within the fourth degree in the fourth rank.

Accordingly, if there is a holder of higher priority, those of lower priority do not have standing.

▶What Amount Can Be Claimed Through a Claim for Return of the Legally Reserved Portion?

There are limits on the amount that may be claimed depending on the legally defined relationship. A spouse or lineal descendant is recognized up to one-half of the actual value, while lineal ascendants and siblings may claim only up to one-third.

▶What Should Be Noted Before Exercising the Right to Claim the Return of the Legally Reserved Portion?

Because the right to claim the return of the legally reserved portion is subject to an extinctive prescription, caution is required. The right to claim the return is extinguished by prescription if it is not exercised within 1 year from the time the holder of the right to the legally reserved portion becomes aware of the commencement of inheritance and of the gift or bequest that must be returned. The same applies when 10 years have elapsed from the time the inheritance commenced.

Because such detailed factors must be examined, those who wish to file a suit for the return of the legally reserved portion may find it helpful to receive the assistance of a specialist, such as a Yongsan inheritance attorney.

The Anyang inheritance attorney argued that, while it was true that the defendant had completed the registration of ownership transfer, there was no fact that a sales contract had been made with the deceased.

The deceased and the defendant did not enter into a sales contract, and there was no indication that any purchase price had been paid.

The Anyang inheritance attorney noted that, although the defendant had divorced the deceased's daughter by agreement on paper, the actual marital life was being maintained.

The deceased's daughter divorced the defendant only on paper for the purpose of resolving debt issues, and this was a sham divorce.

The Anyang inheritance attorney argued for the defendant's return of the legally reserved portion, noting that the deceased and the defendant were in a family relationship.

The defendant argued that, after the reconstruction of the apartment that was the gifted real estate, the defendant had borne most of the subscription price.

In reality, however, the defendant requested help from the client, claiming financial difficulty, and the client bore the balance of the subscription price and the living expenses.

This was the case of a client who reached out to an Anyang inheritance attorney at Daeryun Law Firm in order to file a lawsuit for the return of the legally reserved portion.

The client had been unable to receive any inheritance because the brother-in-law had taken the real estate that was the entirety of the deceased's property.

With the assistance of the Anyang inheritance attorney, the client was able to recover the legally reserved portion.

Daeryun Law Firm assists clients through the experience of its inheritance attorneys and through Daeryun's systematic processes.

If you have concerns similar to the above, you may wish to consult with an Anyang inheritance attorney at Daeryun Law Firm.