Half-sibling threatens to claim half of inheritance from daughter who cared for mother for 20 years

A devoted daughter who cared for her mother for two decades is now in a distressing situation, potentially having to share her inheritance with a half-sibling she never knew existed. The daughter, an only child, had been living with and supporting her mother after her father's death 20 years prior.

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The person I've never met in my life is going to take half of the inheritance just because they are on the document. I can't sleep at night because it's so unfair.

Upon her mother's passing after a long battle with cancer, the daughter discovered a surprising fact while organizing the inheritance: another child was listed on the family registry. Initially dismissing it as a clerical error, she recalled hushed family conversations about a half-sibling born from her father's infidelity. Confirmation from aunts and cousins revealed the existence of this individual, who had been registered as the father's child.

"The person I've never met in my life is going to take half of the inheritance just because they are on the document," the daughter lamented, expressing her anguish. "I can't sleep at night because it's so unfair."

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The deceased, meaning the parent, is the mother, so the half-sibling is not the mother's biological child and thus, in principle, has no inheritance rights.

Lawyer Ryu Hyun-ju offered a legal perspective, stating that the half-sibling, not being the mother's biological child, would not typically have inheritance rights. However, the registration on public records necessitates a formal process to correct the situation. A lawsuit to confirm the non-existence of a parental relationship is required.

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A lawsuit to confirm the non-existence of a parental relationship is necessary.

Even though the mother has passed away, the lawsuit is permissible. The lawyer explained that not only direct parties but also interested parties can file such a suit, and the daughter, whose legal standing regarding inheritance is affected, has the right to do so. If the court rules in her favor, the parental relationship will be retroactively dissolved, and the family registry will be corrected, effectively nullifying the half-sibling's inheritance claim.

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If the non-existence of a parental relationship is confirmed by a judgment, the parental relationship between the two people is retroactively extinguished, and the entry in the family register is also deleted.