CONTENTS
- 1. The Client Who Came to the Mokpo Inheritance Attorney
- 2. Filing the Claim for Recovery of Inheritance With the Mokpo Inheritance Attorney
- 3. Client Who Recovered an Inheritance Share with the Assistance of a Mokpo Inheritance Attorney
1. The Client Who Came to the Mokpo Inheritance Attorney
The client who came to Daeryun Law Firm for legal consultation with the Mokpo inheritance attorney.
The client was the youngest of three brothers.
The two older brothers, just before their father's death, withdrew all of the money in the bank account held in the father's name and divided it among themselves, and as a result the client received not a single won of inheritance of the financial assets after the father's death.
Aggrieved at not having received the inheritance share that was rightfully due, the client entrusted the claim for recovery of inheritance to Daeryun Law Firm's Mokpo inheritance attorney.
2. Filing the Claim for Recovery of Inheritance With the Mokpo Inheritance Attorney
Daeryun Law Firm's Mokpo inheritance attorney formed, solely for the client's case, an execution team of three or more members led by an inheritance attorney with extensive experience in claims for recovery of inheritance.
After closely examining the client's circumstances, Daeryun Law Firm's Mokpo inheritance attorney argued the client's claim for recovery of inheritance as follows.
- The defendants (the client's brothers) claim that they received a gift from the deceased (the client's father) just before the deceased's death; however, the deceased was in a state of mental incapacity at that time, so the gift was void.
-Therefore, the defendants' act of withdrawing the money from the deceased's bank account just before the deceased's death constitutes an infringement of the inherited property corresponding to the plaintiff's (the client's) statutory inheritance share, and the defendants are obligated to return to the plaintiff the amount corresponding to the plaintiff's inheritance share.
Legislation on Claims for Recovery of Inheritance Reviewed with a Mokpo Inheritance Attorney
- Right to Claim Recovery of Inheritance (Civil Act, Article 999)
(1) When the right of inheritance has been infringed by an apparent heir, the heir or the heir's legal representative may file an action for recovery of the inheritance.
(2) The right to claim recovery of inheritance under paragraph (1) is extinguished if 3 years have passed from the date the infringement became known, or 10 years have passed from the date of the act infringing the right of inheritance.
- Order of Inheritance (Civil Act, Article 1000)
(1) In inheritance, the heirs are determined in the following order.
Order | Heir |
1 | Lineal descendants of the decedent |
2 | Lineal ascendants of the decedent |
3 | Siblings of the decedent |
4 | Collateral relatives of the decedent within the 4th degree of kinship |
(2) In the case under the preceding paragraph, when there are several heirs of the same order, the nearest in degree of kinship takes precedence, and when there are several heirs of the same degree, they become co-heirs.
(3) An unborn child is regarded as already born with respect to the order of inheritance.
- Grounds for Disqualification of an Heir (Civil Act, Article 1004)
A person who falls under any of the following subparagraphs may not become an heir.
1. A person who has intentionally killed or attempted to kill a lineal ascendant, the decedent, the decedent's spouse, or a person of prior or equal order in inheritance
2. A person who has intentionally caused the death of a lineal ascendant, the decedent, or the decedent's spouse by inflicting bodily injury
3. A person who, by fraud or duress, has obstructed the decedent's making or revocation of a will concerning inheritance
4. A person who, by fraud or duress, has caused the decedent to make a will concerning inheritance
5. A person who has forged, altered, destroyed, or concealed the decedent's will concerning inheritance
- Co-Inheritance and Co-Ownership of Property (Civil Act, Article 1006)
When there are several heirs, the inherited property is held in their co-ownership.
- Statutory Shares of Inheritance (Civil Act, Article 1009)
(1) When there are several heirs of the same order, their shares of inheritance are equal.
(2) Where the decedent's spouse inherits jointly with lineal descendants, the spouse's share is increased by 50 percent of a lineal descendant's share, and where the spouse inherits jointly with lineal ascendants, the spouse's share is increased by 50 percent of a lineal ascendant's share.
3. Client Who Recovered an Inheritance Share with the Assistance of a Mokpo Inheritance Attorney
The court, accepting the argument of the Daeryun Law Firm Mokpo inheritance attorney, rendered a judgment that “the defendants shall pay the plaintiff the share of the inherited property.”
With the assistance of the Daeryun Law Firm Mokpo inheritance attorney, the client thereby recovered the inheritance share and was able to protect those rights.
When a family member dies, one may face legal procedures not ordinarily contemplated, such as the division of inherited property, the filing of inheritance tax, and the handling of the estate.
The Daeryun Law Firm Inheritance and Family Group handles various disputes and litigation concerning inheritance, gifts, and taxation through a ONE-STOP system so that the transfer of assets between generations can proceed securely.
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