Deals & Cases

Appointment of an administrator of an absentee's property, etc.

Appointment of an administrator of an absentee's property, etc.Winning the case (favorable judgment)

Gunsan Inheritance Attorney | Resolving the Inheritance Share of a Missing Heir

2025.01.09김국일

The client who came to the Gunsan inheritance attorney requested assistance with a matter involving a missing heir.

The client requested the assistance of an attorney with inheritance experience in the Gunsan area, and the matter was resolved.

1. The Client Who Requested the Assistance of the Gunsan Inheritance Attorney

The client who came to the Gunsan inheritance attorney was facing an inheritance-related problem.

This was because, following the death of the client's mother, a consensual division of the inherited property among the siblings was required, but the eldest sister was missing.

An agreement on the division of inherited property requires the consent of all of the heirs.

This is because, if one of the heirs is missing, an administrator of the absentee's property is needed to manage the property on behalf of the missing person.

The Gunsan inheritance attorney undertook to assist with the smooth division of the client's inherited property.

The Laws Related to the Case as Explained by the Gunsan Inheritance Attorney

Civil Act

Article 22 (Management of Property of Absentee)

(1) If a person who has left his domicile or residence has not appointed an administrator of his property, the court shall, upon the request of an interested party or a public prosecutor, order necessary measures concerning the management of the property. The same shall apply where the authority of the administrator of the property is terminated during the absence of the principal.

Article 23 (Replacement of Administrator)

Where an absentee has appointed an administrator of his property, and where it is uncertain whether the absentee is alive or dead, the court may, upon the request of the administrator of the property, an interested party, or a public prosecutor, replace the administrator of the property.

Article 25 (Authority of Administrator)

Where an administrator of property appointed by the court performs an act exceeding the scope of the authority of agency prescribed in Article 118, the administrator shall obtain the permission of the court. The same shall apply where, in a case where it is uncertain whether the absentee is alive or dead, an administrator of property appointed by the absentee performs an act exceeding his authority.

2. The Gunsan Inheritance Attorney's Assistance with the Client's Division of Inherited Property

The Gunsan inheritance attorney first filed a request for the appointment of an administrator of the absentee's property who could manage the property on behalf of the missing sister.

The Gunsan inheritance attorney, citing as evidence the fact that the sister's whereabouts had been unknown for more than five years, worked so that they could be granted the authority of administrator of the absentee's property.

Because an administrator of an absentee's property has authority only to maintain and manage the absentee's property, authority for the division of inherited property must be obtained in order to dispose of the property.

The Gunsan inheritance attorney filed a request for permission for an act exceeding the authority of the administrator of the absentee's property, in order to obtain authority to dispose of the property for the client.

3. Successful Division of Inherited Property with the Assistance of the Gunsan Inheritance Attorney

With the assistance of the Gunsan inheritance attorney, the client successfully completed the division of the inherited property.

Inheritance-related matters are demanding and complex.

In particular, where a co-heir is absent, the procedure for dividing the inherited property becomes even more complex, so it is advisable to obtain the assistance of an inheritance attorney.

At Daeryun, led by an 🔗attorney specializing in inheritance, various disputes and lawsuits are handled through a one-stop system for stable inheritance proceedings.

If you need professional and systematic legal services in the course of an inheritance, you are welcome to visit the Daeryun 🔗Gunsan attorney's office.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.