'My father left the land only to me' — then came the debt and a lawsuit

A salaried worker who spent years caring for her parents received a plot of land from her father as a token of gratitude — only to discover after his death that he had left behind substantial debt and an ongoing damages lawsuit.

The case was featured Friday on YTN Radio's legal advice program "Jo In-seop's Counseling Office."

The woman, identified only as A, said her father had been a deeply patriarchal figure who made all decisions without consulting the family. Unable to bear the atmosphere at home, her younger brother left as soon as he came of age and cut off all contact. A, by contrast, stayed by her parents' side, accompanying them to hospital appointments and caring for them through the years.

In gratitude, her father transferred sole ownership of a small woodland plot in a rural area to A two years ago. He later died as a chronic illness worsened, leaving behind an apartment in Gyeonggi Province and bank deposits.

After the funeral, however, problems began to surface.

It emerged that the father had taken on substantial personal debt by co-signing loans for a relative. With the younger brother unreachable, the family could neither withdraw the deposits nor transfer title to the apartment, while creditors pressed for repayment.

Then came another revelation: the father had been named in a large damages lawsuit over alleged harm caused to a third party's property, and the case was still active.

After confirming the father's death, the plaintiff filed a motion with the court to substitute the heirs as defendants. A and her mother are now parties to the suit.

"I haven't even been able to determine the full extent of my father's debts, and I'm worried they may exceed the inherited assets," A said, seeking advice. "My mother nursed my father for a long time and contributed to acquiring and maintaining the apartment — I want to know whether that can be recognized during the inheritance process."

Attorney Lee Jun-heon of Shinsegae Law Firm advised A to use the government's one-stop inheritance inquiry service to check all assets and liabilities left by her father before deciding whether to accept the inheritance. "If the debts outweigh the assets, you must apply for renunciation of inheritance or a limited acceptance within three months of learning that the inheritance has opened," he said.

Lee explained the difference between the two options. Renunciation means giving up all rights and obligations, and if a first-priority heir renounces, the debt passes to the next in line. Limited acceptance, by contrast, caps liability at the value of the inherited assets and does not transfer the debt to lower-priority heirs.

On the pending damages lawsuit, Lee said that opting for limited acceptance would confine A's liability to the value of the inherited estate. He cautioned, however, that arbitrarily withdrawing the deceased's bank deposits could be treated as unconditional acceptance of the inheritance, exposing A to full liability.

Lee also said it would be difficult to divide the estate among the remaining family members while excluding the estranged younger brother.

"Any agreement on dividing the estate reached without the younger brother would be void," he said. "You can apply to the court to appoint an absentee property manager to handle the process on behalf of the unreachable heir."

Lee added that the woodland plot transferred to A during her father's lifetime could be treated as a "special benefit" in the inheritance calculation.

"It would be counted as an advance on the inheritance, with its value added back into the total estate to calculate each heir's statutory share," he said. "If the transfer reduced the younger brother's legally protected share, he could potentially file a claim for the return of that portion."

Lee added that the mother's long years of nursing the father and her contributions to building and maintaining the family's assets would also be taken into account during the inheritance process.

"If the mother's contribution is recognized, she would receive a proportional share of the estate before the remainder is divided," he said. "If the heirs cannot reach an agreement, she would need to file a petition with the court for a ruling on the division of the estate and a determination of her contributory share."