

Q
Someone has come forward through a paternity action lawsuit claiming to be my husband's child. What should I do in this case?
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paternity action lawsuit
Answer to Related Inquiry
Author: 김국일
First, if the court recognizes that person as the husband's child through the paternity action lawsuit, that person is legally regarded as the husband's direct descendant.
In other words, they acquire inheritance rights as a first-priority heir.
Therefore, like you and your daughters, that son can also have an inheritance share of the husband's property.
However, if you have already divided and shared the husband's inheritance, even if he is recognized as a son through the paternity action lawsuit, he cannot directly claim that property.
In this case, the recognized son can only request payment of the value equivalent to the inheritance share that should have gone to him.
For example, if the real estate you mentioned has already been determined through inheritance division, it would be difficult for that son to directly claim ownership of that real estate.
As such, the paternity action lawsuit is a procedure that allows recognition of inheritance rights through paternity acknowledgment, and even after acknowledgment, rights may be adjusted depending on the existing inheritance division situation.
For details, please consult with a specialist attorney with extensive experience in inheritance matters to find a more accurate response plan.

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