Jeonju Inheritance Attorney Defense | Jeonju Attorney Protects Inherited Property by Having the Plaintiff's Claim Dismissed

2024.11.11김국일

The client was facing a claim for recovery of inheritance lawsuit. Because the inheritance had been legitimate, the client felt the situation was unjust and asked the Jeonju attorney to mount a defense.

1. The Client Who Came to the Jeonju Inheritance Attorney

The client had inherited property as the first-priority heir following the death of a spouse.

However, the spouse's siblings soon filed a claim for recovery of inheritance lawsuit against the client.

The siblings accused the client of having killed the spouse, arguing that this constituted grounds for disqualification from inheritance.

However, this was not true at all, and the client felt deeply wronged.

The client therefore visited the Jeonju office and requested a defense against the claim for recovery of inheritance lawsuit.

Jeonju Inheritance Attorney-Claim for Recovery of Inheritance

The Claim for Recovery of Inheritance Lawsuit, Explained by a Jeonju Inheritance Attorney

When a right of inheritance is infringed by an ‘apparent heir,’ the action by which the heir or the heir's legal representative demands that the apparent heir return the inherited property is called a claim for recovery of inheritance lawsuit.

An apparent heir here refers to a person who claims to be an heir and occupies all or part of the inherited property.

In other words, when a person who has no legal right of inheritance demands an inheritance share or intentionally takes possession, a 🔗claim for recovery of inheritance may be made.

A claim for recovery of inheritance lawsuit may also be filed when a person who falls under the grounds for disqualification from inheritance has taken inherited property.

Grounds for Disqualification from Inheritance, Explained by a Jeonju Inheritance Attorney

If a person intentionally attempted to kill someone who has priority or equal priority in inheritance, or by fraud or other means caused a will concerning inheritance to be made, that person loses the qualification to inherit.

The specific grounds for disqualification from inheritance are as follows.

Grounds for Disqualification from Inheritance

① A person who intentionally killed or attempted to kill a lineal ascendant, the decedent, the decedent's spouse, or a person who has priority 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 adoption or other will concerning inheritance, or the revocation of such a will
④ A person who, by fraud or duress, caused the decedent to make a will concerning adoption or other matters of inheritance
⑤ A person who forged, altered, destroyed, or concealed a will concerning the decedent's adoption or other matters of inheritance

2. The Jeonju Inheritance Attorney's Assistance

The Jeonju inheritance attorney once again carefully examined the plaintiffs' arguments.

The attorney then rebutted the plaintiffs' arguments as follows.

Jeonju Inheritance Attorney Argues That No Grounds for Disqualification from Inheritance Exist as to the Client

The client never killed or attempted to kill the spouse.

To prove this, the Jeonju attorney submitted the police non-referral decision regarding the client's charges and the decedent's death certificate, establishing that the cause of death was suicide.

Jeonju Inheritance Attorney Argues That the Plaintiffs Do Not Hold the Status of Heirs

Under the Civil Act, the client is the sole heir as the spouse of the decedent.

Accordingly, the attorney argued that the plaintiffs, who are merely the decedent's siblings, cannot become heirs and therefore cannot make a claim for recovery of inheritance.

3. Result of the Jeonju Inheritance Attorney's Assistance: A Successful Defense

As a result of the Jeonju inheritance attorney's diligent arguments, the court dismissed all of the plaintiffs' claims.

The client was thus cleared of the unjust accusation and was able to protect the inherited property received from the spouse.

If You Are Facing an Inheritance Dispute

In the case above, the client, who faced a claim for recovery of inheritance lawsuit from the spouse's siblings, requested legal assistance from a Jeonju attorney in order to protect the inherited property.

At Daeryun Law Firm, inheritance attorneys, including former family court conciliation committee members, respond to various disputes and lawsuits at once in order to ensure a stable inheritance process.

If you are facing an inheritance dispute like the one above, please feel free to request a 🔗legal consultation booking at any time.

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.