[Chatting] I've sold all my inheritance. It's invalid because there's no underage grandchild agreement?

□ Broadcast date and time: December 27, 2024 (Fri)
□ Host: Attorney Cho In-seop
□ Starter: Attorney Woo Jin-seo

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◆ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): Lawhouse for you. I'm with lawyer Woo Jin-seo.

◇ Lawyer Woo Jin-seo (hereinafter Woo Jin-seo): Hello, I'm Woo Jin-seo from Shinsegae Law Firm.

◆ Cho In-seop: Yes, let's first talk about what kind of concerns you have if you come to the counseling center today.

■ Reporter: After I married my husband, I had three children and raised him. They all grew up, and now they have a family, and they have given them grandchildren. Unfortunately, however, three years ago, my first son died in a car accident. At that time, the same grandchildren were 9 or 7 years really young. My husband and I tried to help our daughter-in-law a little financially. My daughter-in-law also appreciated our help. Half a year later, however, my husband also died in a car accident for some reason. After the funeral of my husband with deep sadness, realistic problems approached. Inheritance tax was imposed on the detached house where we lived and the land tax in our husband's name. I was at a loss to pay inheritance tax because neither I nor my children could afford it. So, first of all, we decided to sell part of the land and pay inheritance tax, and if there is any remaining amount, we will decide on the inheritance and divide it. I excluded the detached house because I live there. My second child wrote the agreement, so I, my third child, and my daughter-in-law wrote their names on a piece of paper and signed it. Since then, a parcel of land has been sold, and I paid taxes with that money and put the remaining money in my bank account. But a few days later, the third child came to me in a hurry.He said that the agreement could be nullified because his grandchildren, who are minors, are also heirs. I heard that I have to rewrite the agreement, is that correct?

◆ Cho In-seop: It was about the inheritance of Cho In-seop's counseling center. When there is an inheritance problem, many people are at a loss. I think you find it difficult.

◇ Woo Jin-seo: Yes, inheritance has become a problem not long after the death of the deceased, and taxes are imposed immediately, so everyone seems to be at a loss because they have to think in the middle of no economic situation. Also, since there are so many brothers and sisters, the process of finding a consultation point seems to be difficult.

◆ Cho In-seop: Yes, there are more and more disputes over this inherited property. According to the civil law, the direct descendants and spouses of the deceased are the first in line with the civil law, and in this story, the first child died before the father. In this case, the children of the first child, the grandchildren of the deceased, are included in the heir?

◇ Woo Jin-seo: Yes, in this case, although his son died before his father, he was already married and had a direct descendant spouse there, so those grandchildren are heirs. Legally, we call this the heirs. Heirs of great succession, so grandchildren, spouses, and daughters-in-law. From the writer's point of view, this person will inherit from the division of the first child, who is a father and husband. So you can inherit in the same position as those two other brothers.

◆ [Jo In-seop] Yes, I see. Even so, is the inheritance the same?

◇ Woo Jin-seo: That's not true. The legal inheritance is set at a ratio of 1.5 for the spouse and 1 for the children. In the case of grand inheritance, the original heir, that is, the deceased person, so here the part of the first child, that is, the proportion that can be brought back, is divided into proportions among the descendants.

◆ Cho In-seop: Yes, so since the son died first, the spouse and children now share the inheritance that the son will receive from the father instead of the son who died.

◇ Yes, that's right. And to summarize here, if you assume that your first child is alive, you are a grandmother, and you have 1.5 so you have three brothers, so you have one each. The grandmother takes three-ninths and the rest two-ninths, and the grandson and his daughter-in-law take three-seven-seventh of the inheritance of this child.

◆ [Jo In-seop] Yes, I see. But in this story, the grandchildren are minors.I'm not an adult yet. So, in the case of minors, don't the parental authority have legal representation anymore? So, the mother of the children becomes the person with parental authority, and if so, they usually think that since the mother is the person with parental authority, she can exercise her agency power as a person with parental authority in inheritance. Is that right?

◇ Woo Jin-seo: That's not true. In general, the parental authority has the authority to represent the decision of the minor, but in inheritance, if the parental authority chooses to give up the inheritance of their children's share, the inheritance share is passed on to the parents of the parental authority, or there is a risk like this, so the court is required to appoint another agent to protect the minor heir. We call it a conflict of interest when the damage is done to the children, and even if the intention is not, the damage is consequently done and the benefit is passed on to the parental authority. To prevent such a case, outside the lawsuit, Article 921 of the Civil Code stipulates that a special agent is appointed under Article 62 of the Civil Procedure Act.

◆ Cho In-seop: Yes, so the mother now has legal representation as a parental authority, but when it comes to inheritance issues like this, she and her children are now co-inheritors. So, it seems that in this case, the mother can no longer exercise her legal representation because of the conflicting interests in the inheritance. Then, he informed us that we should appoint a special representative to protect underage children outside of the lawsuit and the lawsuit. It's a good thing that we're doing it so that the rights of underage children are not violated. Then, how will this special agent be appointed?

◇ Woo Jin-seo: First of all, I submit a request for a special agent trial to the Family Court where the address of the minor is located. In the process of inheritance, one of the relatives who has no interest is usually designated. Usually, it is based on the blood relatives of the deceased, but if the blood relatives of other deceased people become co-inheritors, they can also designate the blood relatives or third parties of the surviving parental authority. Your mother is also a co-inheritor now, so I think there will be many cases where a lawyer will be appointed in this case.

◆ Cho In-seop: I see. But now, it was a case that required a special representative. But some of the inheritance was disposed of without a special agent. Then, what will happen to this sender?

◇ Woo Jin-seo: First of all, the consent of all co-inheritors is required to be negotiated on the division of inherited property, but it seems that the agreement itself is invalid because it does not appear to be a joint inheritance or the consent of a minor child. That's why I think it's necessary to confirm this invalidity again.

◆ Cho In-seop: You mean that you're going to admit it later, right?

◇ Woo Jin-seo: Yes, so I think it will be necessary to first clean up the appointment of a special agent for underage children and go through the process to acknowledge this agreement with him once again if he is appointed as a special agent.

◆ Cho In-seop: Yes, then we can appoint a special representative and write an agreement again. To summarize the contents of the counseling so far, in the case of the sender now, the child died before the parents. In this case, the spouse of the child and now the grandchildren will inherit the grandfather, who is now the deceased, as the heirs. The heir is 1.5 and each of the children will receive 1. But now that your children are minors, even if your mother is a legal representative, you have to appoint a special representative because the interests of minors and mothers can conflict. The special agent is appointed at the family court, where the minor's address is. I informed you that relatives or lawyers who have no interest are mainly designated. So far, I've been with Woo Jin-seo, a lawyer at Shinsegae Law Firm.

◇ Woo Jinseo: Thank you.

◆ Cho In-seop: You can listen to Cho In-seop's counseling center again on YouTube and on the website. If you have any questions or suggestions, please leave a message on the consultation board on the website. You can contact Shinsegae-ro, a law firm, separately.