CONTENTS
- 1. The Clients
- - The Situation of the Client Who Met the Anyang Inheritance Attorney
- - Case-Related Information Provided by the Anyang Inheritance Attorney
- 2. Matters Assisted by the Anyang Inheritance Attorney
- - The Anyang Inheritance Attorney's Argument (1): Calculation of the Contributory Portion
- - The Anyang Inheritance Attorney's Argument (2): The Respondent's Special Benefit
- 3. The Anyang Inheritance Attorney's Result of Representation: "Winning the Case"
1. The Clients
The three clients were surviving family members designated as co-heirs upon the death of their father, the decedent.
While coming to terms with the grief of losing their father, they ran into a problem in settling the shares of inheritance, and they visited the Anyang office while looking for an inheritance attorney.
The Situation of the Client Who Met the Anyang Inheritance Attorney
The clients and the decedent had maintained a harmonious family relationship until they lost their father, the head of the household.
So, while settling the estate after the funeral, the eldest son, one of the co-heirs, demanded an excessive amount as his share of inheritance.
The clients proposed dividing it fairly, but the eldest son refused, so the clients filed a lawsuit to settle the estate according to the statutory shares of inheritance.
Case-Related Information Provided by the Anyang Inheritance Attorney
When inheritance has commenced and there are several heirs, it proceeds in the form of co-inheritance.
In such cases, 🔗Division of Inherited Property is carried out according to the shares of inheritance.
If the deceased decedent designated the heirs' shares and the heirs completed an agreement on those shares, there is little room for legal dispute.
However, if such an agreement is not reached amicably, the most certain method is to divide the estate through a court division by way of a division of inherited property lawsuit.
A division of inherited property lawsuit requires comprehensive legal knowledge, including identifying the co-heirs, accurately ascertaining the inherited property, and a detailed understanding of the shares of inheritance, so it is important to seek the advice of an expert.
(1) If there are several heirs of the same priority, their shares of inheritance shall be equal.
(2) The share of inheritance of the decedent's spouse shall be increased by 50 percent of the share of a lineal descendant when inheriting jointly with lineal descendants, and by 50 percent of the share of a lineal ascendant when inheriting jointly with lineal ascendants.
2. Matters Assisted by the Anyang Inheritance Attorney
The attorney comprehensively calculated and carefully reviewed the contributions of the clients and of the respondent, and argued as follows.
The Anyang Inheritance Attorney's Argument (1): Calculation of the Contributory Portion
The clients, who were the claimants, had each contributed at least a certain proportion to the decedent's formation and maintenance of his property during his lifetime, by taking turns covering the decedent's medical and living expenses and by helping with the decedent's business.
The attorney emphasized that there was no difference in contribution to the formation and maintenance of the property that would justify the respondent receiving an excessive share of more than half.
The Anyang Inheritance Attorney's Argument (2): The Respondent's Special Benefit
The respondent had already received a gift of property from the decedent during the decedent's lifetime, under the pretext of receiving support such as business funds.
The attorney emphasized that, because the cash and other property the respondent had previously received by gift was included in his special benefit, the shares of inheritance should be calculated accordingly.
3. The Anyang Inheritance Attorney's Result of Representation: "Winning the Case"
The court, accepting the Anyang inheritance attorney's argument, issued a judgment ordering the property to be divided among the co-heirs according to the statutory shares of inheritance.
If You Wish to File a Division of Inherited Property Lawsuit
To carry out a division of inherited property, the subject of the division must first be identified, and the method and timing of the division must all be agreed upon.
If such an agreement is not reached amicably, the most certain method is to resolve it through litigation.
Daeryun Law Firm has attorneys who, drawing on a wealth of inheritance case experience, develop tailored strategies according to the characteristics of each case. We recommend that you receive a consultation through 🔗Legal Consultation Booking.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
