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I am curious about the procedures related to inheritance by a child born out of wedlock.
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Hello. I am writing to ask because I am curious about the procedures related to inheritance by a child born out of wedlock. What procedures must a child born out of wedlock go through in order to have the right of inheritance from the biological father recognized? In addition, I heard that the procedure differs depending on the situation before and after the division of the inherited property, so I am also curious as to how the procedure differs. Is there anyone who could explain this in detail??
Inheritance by a child born out of wedlock
Answer to Related Inquiry
Author: 김국일
The procedure for having inheritance by a child born out of wedlock recognized can largely be divided into two stages.
First, a child born out of wedlock must file a lawsuit for judicial recognition of paternity.
Through this lawsuit, the family court confirms the biological parent-child relationship between the child born out of wedlock and the biological father.
Where the biological father has already died, the lawsuit must be filed within 2 years from the date of death, and the relationship is proven through blood-type testing and other means.
Once the recognition of paternity is completed, the family relationship register is corrected, and the child born out of wedlock is registered as a statutory heir.
After this procedure is completed, if the division of the inherited property has not yet taken place, the inherited property can be divided by agreement with the other heirs.
If no agreement is reached, one can request the division of the inheritance from the court through a claim for adjudication on the division of the inherited property.
However, if the division of the inherited property has already taken place, one can recover the share of inheritance to which one is entitled through a claim for recovery of inheritance.
Because the legal procedures for inheritance by a child born out of wedlock can be somewhat complex, a consultation with an attorney specializing in this area is essential for prompt and accurate handling.
In addition, it is important to proceed with a full understanding of the legal rights and obligations that arise upon being recognized as an heir with respect to inheritance by a child born out of wedlock.
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