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Showing posts from January, 2025

[Legal Tips from Korean Lawyers] If an heir is unreachable, how is the inheritance property handled?

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Are some of your siblings difficult to reach because they immigrated abroad a long time ago, or are they in Korea but currently unreachable? In such cases, when your parents pass away, it can be challenging to handle the inheritance when some heirs cannot be contacted. Today, we are going to find out how to manage the inheritance if some heirs are unreachable. If Contact is Possible but Meeting for Discussion is Difficult ​ Inheritance division by agreement is the method where heirs agree to divide the inheritance. If the heirs can reach an agreement, this is the best way. However, if some heirs are unreachable or living abroad, it may be difficult to proceed with the agreement. Here are a few methods you can use in such situations: ​ 1. Appointing a Representative Heirs living abroad can appoint a representative in Korea to participate in the discussions. This allows for meaningful negotiations while protecting the rights of the heirs who are overseas. ​ 2. Using Video Conferencing If...

[Legal Tips from Korean Lawyers] I Want a Divorce. Under What Circumstances Can I Get One?

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 Have you reached a point where you feel that divorce is the only option? First, I want to offer my condolences for the difficult situation you are going through. There must be a reason you’ve decided to consider divorce. Sometimes, both spouses agree to the divorce, but there are cases where one spouse does not. Since not all cases qualify for divorce, let's explore the circumstances under which divorce is possible, according to law and legal precedents. Divorce must follow specific legal procedures and criteria outlined in the Civil Code. Types of Divorce Divorce can be broadly categorized into two types: consensual divorce and judicial divorce. ---------------------- Consensual Divorce A consensual divorce occurs when both spouses mutually agree to end their marriage. If both parties agree to divorce, the process must be confirmed by the Family Court as stipulated in Article 836 of the Civil Code. This process is relatively simple and can be quickly resolved if the couple agree...

[Legal Tips from Korean Lawyers] Understanding the Scope and Order of Heirs

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  When a family member passes away, the issue of inheritance naturally arises. Of course, when inheritance occurs, it's important to first reach an agreement among the heirs. However, knowing whether you qualify as an heir and what rights you possess can be beneficial in the negotiation process. ​ Therefore, it is crucial to clearly understand who inherits the property and in what order. Let's explore the scope and order of heirs as stipulated by law. ​ According to the Civil Code, the deceased person is referred to as the "decedent," and the person who receives the decedent's property is referred to as the "heir." ​ Inheritance begins with the death of the decedent. Even if the specifics of the inheritance are determined later, the process itself is initiated upon the decedent's death. To determine the specifics of the inheritance, it is first necessary to identify the heirs and establish the order of succession. Article 1000 of the Civil Code defin...