1. The Client’s Crisis

The client, a U.S. permanent resident, was in a situation where, after their parents passed away, they needed to inherit assets together with siblings living in Korea. However, because there was no will or clear designation of inheritance, the property had to be divided through an agreement among all co-heirs. The problem was twofold. One sibling had left home long ago and was missing, so consent could not be obtained from that person, and another sibling was dissatisfied with the terms of the agreement and refused to consent at all, using the missing sibling issue as grounds to stall the process. Since an agreement on the division of inherited property requires the consent and signatures of all co-heirs, the agreement could not be established if even one person objected. Faced with the risk of escalating into a legal dispute, the client contacted JONJAE Law Firm while looking for a way to resolve the matter without entering Korea.

2. Key Issues

The difficulties in this case were largely threefold. First, because the client lived in the United States, it was difficult to come to Korea in person and participate in the agreement. If litigation had been carried out while traveling back and forth between Korea and the U.S., the time and cost burden would have been enormous. Second, one of the co-heirs was missing, so unanimous consent required for the agreement could not be obtained, and unless this issue was resolved, the division could not be completed even if the other heirs reached an agreement. Third, one sibling opposed the terms of the agreement, so it was necessary to design a fair division plan acceptable to all heirs and persuade them to agree.

3. JONJAE’s Strategy

Attorney-in-charge Yoon Ji-sang held an online meeting with a lawyer from a local MOU partner firm in the client’s place of residence in the United States and developed a plan that would allow the inheritance process to be completed without the client entering Korea.

First, to prevent the matter from escalating into a legal dispute among siblings, we carefully prepared the items for the agreement on the division of inherited property and delivered them to the heirs. We classified the inherited assets—such as cash, buildings, and rental income—by category, and clearly stated the distribution ratios, division methods, and the basis for the decisions to ensure fairness and transparency in the agreement. Through this process, we were able to persuade the sibling who had initially opposed the agreement and secure consent.

At the same time, for the missing sibling, we filed a missing-person report, proceeded with service by publication, and obtained a declaration of absence. This established the legal basis to allow the division of the entire inherited estate, including the missing sibling’s share.

4. Outcome and Recovery

We obtained the signatures of all heirs, and the agreement on the division of inherited property was successfully and smoothly concluded. The division of the missing sibling’s share was also completed through the declaration of absence. Without entering Korea, the client was able to complete the inheritance process remotely, and the issue that could have required litigation while traveling between Korea and the U.S. was resolved through agreement-based representation.

Responsible Attorney: Attorney-in-Charge Yoon Ji-sang

To protect confidentiality, some details of this case have been de-identified within a range that does not undermine the essence of the matter.

If you are in a similar situation, the video below may be helpful.