In the past, it was considered safe to hand over all of the parents’ property to one of the eldest sons and children. In particular, the eldest son was the pillar of the family, and the daughters were often handed over all their property to the eldest son due to the widespread tradition of being a foreigner. Now, as times have changed, the perception that daughters should inherit their property just like their eldest son has become established. Today, I would like to tell you about the lawsuit for the return of oil with the Incheon Oil Division lawyer.
What is the portion left?
It is the right of the heir who violated the inheritance to the heir who received the gift or testamentary gift if the deceased is infringed by giving or testifying property to a specific heir or a third party. In this way, the portion prescribed by the Civil Code can be recognized as a direct descendant of the decedent, one-half of the spouse’s legal inheritance, and one-third of the brother and sister’s legal inheritance. As such, it can be said that the portion left behind is meaningful in that it guarantees minimum rights to the heir regardless of the will or will of the deceased. Who can file a lawsuit?
A lawsuit for the return of the portion may be filed by an heir who is a direct descendant of the deceased, a direct descendant, a parent, a sibling, or a spouse, and even an heir within the fourth degree cannot file a lawsuit for the portion with the help of Incheon’s lawyer. By the way, fetuses or counter-inheritors can also sue for the portion left behind.What is the scope of the property subject to the retained portion?Gifts and bequest assets subject to the request for the return of the retained portion are limited to assets within one year from the start of inheritance. However, if it’s a gift to a co-heir, it doesn’t matter when. Therefore, it can be given decades ago. In addition, there is no limit to the period if gifts and bequest to third parties are made knowing that the portion left behind is violated. In what way is the property that was donated during the lifetime eligible for return?In order to determine whether it is possible to request the return of the remains, you need to know how much the current inherited property is. If the property given to the eldest son from the current inherited property is a special profit, you can calculate how much property the remaining co-heirs inherit, and if the actual property you receive does not reach the remaining amount, you can request the return of the portion. In addition, the scope of the return of the remains will be calculated based on the sum of the property left by the deceased at the beginning of the inheritance and the property donated during his lifetime, minus the debt left by the deceased. The amount multiplied by one-half for children and spouses and one-third for parents and siblings is the amount that can be claimed back.What is the extinctive prescription for the return of the retained portion?Since the right to claim the return of the retained portion is a civil suit, the statute of limitations exists. The statute of limitations expires after 10 years from the start of inheritance within one year from the time the holder of the right to the inheritance begins and the fact of the gift or testamentary gift to be returned. Therefore, if the decedent dies, it is important to start consulting with a reliable Incheon Oil Division lawyer immediately.What are the precautions regarding the portion left and the portion contributed?We do not consider any contribution in the case of the claim for the return of the retained portion. This means that it will not be considered uniformly regardless of whether the contribution has been discussed or whether the contribution has been decided by the court. Also, please note that even if there is a shortage in the leftovers due to the contribution, we cannot request the return of the contribution. The most important thing in requesting a portion of the estate is to first grasp the inherited property. In addition, it is important to apply for various data inquiries through the court during the trial process to find out who the inheritor’s property was donated to and what bonds he had, and to get help from Incheon Oil’s lawyer.In order to avoid lawsuits between family members, there are many cases where brothers hesitate to file a lawsuit for the return of their remains and cannot receive property due to the expiration of the statute of limitations. Therefore, in order to protect your legitimate rights, please consult with our law firm’s Incheon Oil Division lawyer at any time.Eunyul Incheon Office, Incheon Metropolitan City, Oseong-ro, Michuhol-gu, 197302Eunyul Incheon Office, Incheon Metropolitan City, Oseong-ro, Michuhol-gu, 197302The property claim lawsuit given to the eldest son of the Incheon Oil Division lawyer in the past isPrevious image Next imagePrevious image Next imagePrevious image Next image