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Would a lawsuit for a contributory portion be possible?

I am looking into a lawsuit for a contributory portion. My father passed away recently, and I am going through the inheritance procedure. The reason for my inquiry is that, because I cared for my parents for a long time, I would like to have my contributory portion recognized, but it does not seem to have been properly reflected in the inheritance. I would like to ask whether a lawsuit for a contributory portion is possible. I am also curious about the method for calculating the inheritance share for a contribution. If anyone is well informed, I would appreciate a reply.

lawsuit for a contributory portion

Answer

Published: 2025-04-16

Author : Kuk Il KIM

It is confirmed that you have inquired about whether a lawsuit for a contributory portion may proceed.

As in your case, if you specially cared for the decedent or contributed to maintaining the decedent's property, you may proceed with a lawsuit for a contributory portion.

To file a lawsuit for a contributory portion, evidence that can prove the degree of the contribution and the substantial content of the contribution is required.

For example, records of the parents' hospital expense payments, records of the period during which the parents were cared for, and specific evidence regarding household affairs or property management fall under this.

In addition, records of support for the parents' health care, home repairs, and residence management may also be recognized as important evidence.

If such a contribution can be proven, more of the inherited property may be received through a lawsuit for a contributory portion.

As you have inquired, when there is a contributor, the method for calculating the inheritance shares is as follows.

{(value of the inherited property - contributory portion) × each heir's inheritance share ratio} + (the contributory portion in the case of the contributor)

In this case, the lawsuit must be filed against all of the other co-heirs, and the complaint may be submitted to the family court having jurisdiction over the defendant's place of residence.

As mentioned earlier, the lawsuit must be filed in a situation where evidence that can prove the contribution has been secured in order to obtain the desired result.

Therefore, it is important to sufficiently understand the legal procedure and the litigation process before proceeding with the lawsuit.

It is advisable to establish a specific plan that can prove the contributory portion with the assistance of an inheritance attorney who has abundant relevant legal knowledge and experience.