

Q
My wife died before the divorce ruling. Is inheritance after death possible in this case?
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Hello. I was in the middle of a divorce lawsuit when my wife suddenly passed away from illness. The divorce judgment wasn't finalized and the divorce procedure was still in progress when my wife died. In this case, I'm wondering if I can be my wife's heir. Is post-death inheritance possible in this situation?
inheritance after death
Answer to Related Inquiry
Author: 김국일
Yes, inheritance after death is possible.
If the wife died before the divorce ruling was finalized, since the marital relationship was still legally maintained, the husband can become the wife's heir.
Since inheritance after death is conducted based on the time of the decedent's death, if the legal marital relationship was maintained at the time of death, inheritance rights are recognized.
That is, even if the couple was separated at the time of death, or even if a divorce lawsuit was in progress, this does not affect the inheritance rights.
However, even if inheritance rights are recognized, if you fall under 'grounds for inheritance disqualification' under civil law, you cannot become an heir.
For example, this includes acts such as intentionally harming the decedent, obstructing a will through fraud or coercion, or forging, altering, or destroying a will.
If there are no special grounds for disqualification like this, the husband can exercise legitimate inheritance rights to the deceased wife's property.
Since inheritance after death issues can be very sensitive and complex, please consult with an inheritance specialist attorney to find out accurate legal response measures.

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