

Q
Is inheritance for children born out of wedlock also possible?
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Hello. I received contact from the National Tax Service for violating the obligation to report overseas financial accounts... A few years ago, I made some profit from overseas real estate investment. I received the sale proceeds in an overseas account, and some of the funds are still in that account. I didn't know about the overseas financial account reporting concept. I heard I could face not only fines but also criminal punishment. How should I handle this?
inheritance for children born out of wedlock
Answer to Related Inquiry
Author: 김국일
It is confirmed that you have inquired about inheritance for children born out of wedlock.
To get straight to the point, children born out of wedlock also legally have inheritance rights.
However, as you mentioned, several important conditions must be met for inheritance to be possible.
For a child born out of wedlock to become an heir, they must be acknowledged as a 'biological child'.
If a child born out of wedlock has filed an acknowledgment claim or has been legally recognized as having a parent-child relationship through a lawsuit for confirmation of existence of biological parent-child relationship, inheritance is possible.
In addition, the child born out of wedlock must not fall under the disqualification grounds for inheritance to inherit.
1. A person who intentionally killed or attempted to kill a direct ascendant, the deceased, their spouse, or a person of higher or same priority in inheritance
2. A person who intentionally inflicted injury on a direct ascendant, the deceased, or their spouse causing death
3. A person who interfered with the deceased's will regarding inheritance or the revocation of a will by fraud or coercion
4. A person who caused the deceased to make a will regarding inheritance by fraud or coercion
5. A person who forged, altered, destroyed, or concealed the deceased's will regarding inheritance
If they do not fall under the above disqualification grounds for inheritance and have been legally acknowledged, children born out of wedlock also have the same rights as other heirs.
It must be quite shocking that you did not know there was a child born out of wedlock.
However, legally, inheritance rights arise regardless of the circumstances of birth when a blood relationship between parent and child is recognized.
In such cases, family conflicts may grow, so it is good to accurately understand the situation through consultation with a legal expert and then establish a response strategy.

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