[Seoul Inheritance Attorney Favorable Judgment] The Seoul Inheritance Attorney Assisted a Client Whose Inheritance From the Deceased Had Been Taken by a Stepmother and Won the Case

2024.08.22김국일

The Seoul client who urgently came to the Seoul inheritance attorney had his father's inheritance taken by his stepmother and requested the assistance of the Seoul office inheritance attorney.

1. What Was the Reason for Seeking the Seoul Inheritance Attorney?

The Seoul client who came to the Seoul inheritance attorney was at risk of losing his entire rightful inheritance share because of his stepmother and sought help from the Seoul office inheritance attorney.

The client explained to the Seoul inheritance attorney that he had a rightful claim to the estate left by his father after the father's death.

The stepmother is said to have prepared an agreement on the division of inherited property using the client's seal and the like without the client's knowledge.

The client, who was at risk of losing all of the inheritance in the amount of hundreds of millions of won, entrusted the lawsuit to the Daeryun Seoul inheritance attorney.

A Request to the Seoul Inheritance Attorney for an Inheritance-Related Consultation

The client, who was residing in Seoul, was extremely busy holding his father's funeral. Taking advantage of this gap, the stepmother is said to have devised a plan to take the client's inheritance share.

The client, who needed a legal response against the stepmother who had even used his seal without authorization, entrusted the matter to the Daeryun Seoul inheritance attorney.

With the Assistance of the Seoul Inheritance Attorney, the Inheritance Share Taken by the Stepmother Had to Be Recovered by Filing a Lawsuit for the Recovery of Inheritance

The reason the client urgently came to our Seoul inheritance attorney was that he had been unable to exercise his rightful rights because of the stepmother's tort.

After consulting with the Seoul inheritance attorney, the client decided to file a lawsuit for the recovery of inheritance.

To proceed with the lawsuit for the recovery of inheritance, the inheritance attorney sought to prove at trial various materials, including the forged agreement on the division of inherited property.

2. Seoul Inheritance Attorney: “The Inheritance That Should Rightfully Be Received Needs to Be Recovered”

Through a thorough consultation with the client, the Daeryun Law Firm Seoul inheritance attorney formed a specialist attorney team made up of numerous experts with extensive case experience.

The Daeryun Seoul inheritance attorney strongly argued that the defendant had committed unlawful acts, such as preparing an agreement on the division of inherited property using the plaintiff's seal.

■ During his lifetime, the deceased promised through a will to bequeath a portion of his property to the plaintiff

■ Because of the defendant, the plaintiff was unable to be present at the deceased's passing

■ The defendant took the plaintiff's seal and prepared an agreement on the division of inherited property

■ Because of the defendant, the plaintiff was at risk of losing all of the inheritance he should originally have received

■ Based on the defendant's unlawful acts, the plaintiff's lawsuit for the recovery of inheritance in this matter was justified

3. Laws Relating to the Lawsuit for the Recovery of Inheritance Examined With the Seoul Inheritance Attorney

With the Seoul inheritance attorney, we will examine the laws relating to the lawsuit for the recovery of inheritance.

Article 999 of the Civil Act (Right to Claim Recovery of Inheritance) (1) Where an inheritance right is infringed by a person purporting to be an heir, the heir or the heir's legal representative may file a lawsuit for the recovery of inheritance.

(2) The right to claim recovery of inheritance under paragraph (1) is extinguished upon the lapse of 3 years from the date the infringement became known, or 10 years from the date the act infringing the inheritance right took place.

Article 1000 of the Civil Act (Order of Inheritance) (1) In inheritance, heirs are determined in the following order.

1. The lineal descendants of the decedent

2. The lineal ascendants of the decedent

3. The siblings of the decedent

4. Collateral relatives of the decedent within the fourth degree

(2) In the case of the preceding paragraph, where there are several heirs of the same priority, the nearest relative is given priority, and where there are several heirs of the same degree, they become co-heirs.

(3) An unborn child is deemed to have already been born with respect to the order of inheritance.

Article 1003 of the Civil Act (Order of Inheritance of a Spouse) (1) Where there is an heir under subparagraphs 1 and 2 of Article 1000 (1), the spouse of the decedent becomes a co-heir of the same priority as that heir, and where there is no such heir, the spouse becomes the sole heir.

(2) In the case of Article 1001, the spouse of a person who died or became disqualified before the commencement of inheritance becomes a co-heir of the same priority as the heir under that Article, and where there is no such heir, the spouse becomes the sole heir.

Article 1004 of the Civil Act (Grounds for Disqualification of an Heir) A person who falls under any of the following subparagraphs may not become an heir.

1. A person who intentionally killed, or attempted to kill, a lineal ascendant, the decedent, the spouse of the decedent, or a person of prior or equal priority in inheritance

2. A person who intentionally inflicted injury on a lineal ascendant, the decedent, or the decedent's spouse, causing death

3. A person who, by fraud or duress, obstructed the decedent's will regarding inheritance or the revocation of such a will

4. A person who, by fraud or duress, caused the decedent to make a will regarding inheritance

5. A person who forged, altered, destroyed, or concealed the decedent's will regarding inheritance

4. With the Assistance of the Seoul Inheritance Attorney, the Court Decided After Considering All Circumstances

The court accepted the position of the Daeryun Law Firm Seoul inheritance attorney and rendered a judgment stating, “The defendant shall transfer the plaintiff's share of the inherited property.”

Daeryun Law Firm maximizes expertise by organizing a handling team composed of numerous legal experts, and with Daeryun's own litigation system built on the basis of its resolved cases, it has been leading the cases entrusted to it to success.

The Seoul inheritance attorney notes that, in the case of a lawsuit for the recovery of inheritance, caution is needed because there is an exclusion period.

If you are facing difficulty in a situation similar to that of the client in the above case, you may receive a consultation from Daeryun at any time.

[서울상속변호사 승소] 계모로부터 망인 상속재산 빼앗긴 의뢰인 조력해 승소한 사례

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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