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Published by Chung & Partners Since 2008

[Q&A] As a Korean Adoptee Living in the U.S., Do I Have an Inheritance Right to My Biological Father in Korea?

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Q) I am a Korean adoptee that lives in the U.S.  Recently I found my biological parents died in South Korea.  He is survived by his wife and 2 sons.  He had businesses in Korea.  Do I have a right to claim an inheritance to his estate?  I have never met or spoken to his wife and sons and so I don’t know if he had a will written.  What are my rights?

A) Based on your explanation, I am of the opinion that you are entitled to the inheritance to your deceased Korean father.  The law of your deceased father’s home country shall govern your inheritance claim.  Under Korean law, assuming he is survived by his wife and 2 sons, your inheritance share will be 2/9. (Please click here for a general overview of the Korean inheritance law)

You will need to file 2 suits with the Korean court.  The first one will be a paternity suit and the second one will be a inheritance claim suit.

Actually I have been dealing with a very similar case.  She was adopted to American family when she was young from Korea and asked our office to claim her inheritance to her deceased Korean biological father.  We won the paternity suit and the inheritance estate distribution suit is being reviewed by the Seoul District Court.

If you want, we can also do some initial/basic research on the detail and value of the estate.

If you have any question regarding this article or you are in a similar case/situation, please visit our Legal Consultation center or send your inquiry email by clicking here.  Our Korean qualified lawyer will answer your inquiry.

Also you can find more articles and court cases on the Korean inheritance law and practice by clicking here.

Choice of Laws Is Critical When It Comes to an International Inheritance

[Q&A] Do I Really Have to Give up My Inheritance Share as Other Korean Heirs Claim?

Introduction to the Korean Inheritance Law

© 2018.  All rights reserved.

Author: Korean Qualified Lawyer

Korean Licensed Lawyer 韓国の弁護士

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