Father Who Remarried Long Ago Passes Away... Ex-Wife's Son Asks, "Can I Inherit the Property?"

A son, who thought his father had passed away in a childhood accident, recently discovered that his father had actually been living in Korea and had only passed away not long ago. The son shared his concerns about whether he could be recognized as the biological son.

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On the 21st, YTN Radio's "Attorney Jo In-seop's Counseling Center" received a story from a man identified as A. A said that he had lived only with his mother since he was born. When he was very young, he believed his father was abroad, and after he turned ten, he was told that his father had died in an accident. Despite this, A's mother occasionally, when drunk, told him, "(Your father) was a good man and had a lot of wealth."

However, recently, A heard a shocking fact. His father was the president of a small to medium-sized company and had passed away in 2020. A said, "I was so shocked when I heard this that I couldn't respond at all. Honestly, I also resented my mother for telling me about my father so late," but added, "After some time, I thought that my father already had a family, and my mother probably didn't tell me to protect my feelings."

He continued, "I feel very upset and pity my mother. I no longer want to be someone who doesn't know who my father is; I want to be recognized as his biological son," and asked, "I understand that a recognition claim is possible in such cases, but is it still possible after the father has passed away?" He also asked, "It seems my father had quite a bit of wealth. I wonder if I can inherit his assets and if my mother can claim the child support she hasn't received so far."

In response to this question, Attorney Shin Jin-hee from Shinsegye Law Firm said that through a recognition claim lawsuit, A can be legally acknowledged as the son of his father. Attorney Shin explained, "If the biological father or mother has died, a recognition claim lawsuit must be filed against the prosecutor within two years from the date of knowing the death. In A's case, more than two years have passed since his father's death," but added, "Since A was a minor when his legal representative, his mother, did not file a recognition claim, and A only learned of his father's death after reaching adulthood, the starting point of the statute of limitations is the day A heard about his father's death from his mother. Since it has not been two years yet, he can file a lawsuit."

He judged that if A is recognized as the biological son of his father, he can also inherit the assets. Attorney Shin said, "Since the father died in 2020, the inheritance assets have likely already been divided," but added, "In such cases, A can file a claim with the family court against the heirs to request payment of a substantial amount of the inheritance share." Regarding the child support that A's mother did not receive, he explained, "The court views the right to claim past child support as being established only after a specific payment claim right is formed through party agreement or family court judgment, and only then is the child support claim right or child support payment obligation inherited by the heirs," and added, "If A's mother had an agreement with the father regarding child support payments, even after the father's death, she can claim child support from the heirs."

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