What if there is a missing person among the heirs? Case of division of inheritance through declaration of disappearance

 

1. Incident Brief: Inheritance division blocked by missing joint heirs

After the death of the

heirs, the heirs held a consultation to divide the estate. There was amicably consensus among the other heirs on how to divide the property, but there was an unexpected problem. One of the co-heirs had been missing for more than 20 years, with no communication.

In order to negotiate and divide the

estate, the participation and consent of all joint heirs is required in principle. Therefore, even if there was an agreement among the remaining heirs on how to divide, it was difficult to proceed with the consultation division without the missing heir.

Eventually, the heirs could not proceed even after summarizing all their opinions on the division of the estate, and for a long period of time they wondered how to solve the problem of the heirs not being identified legally.

 

2. Sunhan Law Firm's Assistance: Finding a Solution through the Missing Persons Procedure

Sunhan Law Firm, acting on behalf of the Complainant, comprehensively reviewed the specific circumstances of the case, family relationships, where the missing heir was located, lost contact, and whether or not the disappearance period has passed.

As a result of

, it was deemed appropriate in this case to proceed with the procedure of declaring the missing heir missing.Therefore, we guided them to prepare the relevant documents, such as the in-warranty certificate, necessary for the declaration of disappearance, and carried out the case by carefully checking the necessary matters to ensure that the process proceeded smoothly.

During the

declaration process, the court wanted to verify the location of the case by conducting fact checks on health insurance agencies, immigration agencies, telecommunications agencies, and police departments. However, this inquiry did not reveal any clues as to where the incident occurred.

After

, the highest level of disclosure was carried out in accordance with the court procedure, and Sunhan Law Firm responded quickly to the follow-up procedure required for the decision to declare him missing, closely monitoring the progress of the procedure and the highest period of publication.

 

3.Case Result: Declaration of Disappearance Opens the Road to Inheritance Division

As a result of

, the missing joint heir could be declared missing. This provides a way to resolve issues with the division of the estate that were prevented by the heirs being disconnected for a long period of time, and allows the remaining heirs to facilitate the estate consultation process.

 

4. What should I do if I have a missing heir?

The fact that one of the

joint heirs has been missing for a long time does not mean that the heirs can be arbitrarily excluded and the estate divided. In such cases, specific facts and legal requirements should be reviewed to consider appropriate legal processes, such as declaration of disappearance.

However, a missing persons declaration is not merely a lost contact; it must meet the requirements set by law. Therefore, if there is a delay in the division of the estate due to missing heirs, it is important to first review which solution is appropriate for the current situation.

Sunhan Law Firm is reviewing the legal process for the specific circumstances of the case and helping to resolve the inheritance issues faced by the client.

 

※ This article is based on actual events, and we have changed some facts and expressions to protect the client's personal information. The outcome of a specific case may depend on individual facts and evidence.