Would a consultation with an attorney for the division of inherited property be possible?

Hello. This is an attorney for the division of inherited property at Daeryun Law LLC.

The division of inherited property is a field in which emotional conflict readily arises, as the interests among family members are directly intertwined.

In particular, where the relationship among siblings is poor, or where the property is large and complex, professional legal review and conciliation procedures are necessary.

First, when inheritance legally commences, the inherited property enters a state of joint ownership (co-ownership) by all the heirs.

Therefore, all the heirs must consult on how to divide the inherited property and draw up an agreement on the division of inherited property.

Since this agreement is a very important document that serves as the basis for real estate registration or changing the name on deposits, even a small mistake in its contents can prolong a dispute.

Where an agreement is possible, the method of dividing the composition of the inherited property (for example, real estate, deposits, stocks, and debts) is determined according to each person's inheritance share ratio.

At this time, matters such as the legally reserved portion (the minimum share guaranteeing a certain portion of the statutory inheritance share), gifts made during the decedent's lifetime, and the offsetting of debts must be considered together.

If an expert is not involved, disadvantages may arise later regarding the validity of the agreement or tax issues.

If an agreement is ultimately not reached, you must file a lawsuit for adjudication on the division of inherited property with the family court.

At this time, the court comprehensively considers matters such as the heirs' contributions, whether there were gifts during the decedent's lifetime, and the heirs' living needs, and determines the method of division.

In particular, since the court's discretion greatly influences whether real estate is disposed of and the method of monetary preservation, from this stage it is safe to obtain legal representation from an attorney for the division of inherited property.

For disputes related to the division of inherited property, Daeryun Law LLC operates a task force of attorneys for the division of inherited property that can respond in a one-stop manner, from ① legal review at the negotiation and conciliation stage, ② preparation of the list of inherited property and securing of evidence, ③ representation in conciliation and adjudication procedures, to ④ advice on a claim for return of the reserved portion or on inheritance tax.

If the conflict among family members is already deep and an agreement is difficult, an objective resolution based on legal procedures is needed rather than emotional conversations.

If you obtain the help of an attorney experienced in inheritance cases, even if the agreement falls through, they can prepare a basis for division that the court can accept.

At this stage, it would be best to first organize the types and scale of the inherited property and the list of heirs, and then proceed with a consultation with an attorney regarding the specific negotiation procedures and the method of division.