Stepmother's daughter called dad 'ajeossi' — then demanded a third of his estate

A man has shared his dilemma after his stepmother's daughter — who had called his father "ajeossi," or "mister," and kept her distance throughout the marriage — suddenly demanded that the estate be split three ways following his father's unexpected death.

The story of a man identified only as A was featured Friday on YTN Radio's legal advice program "Jo In-seop's Counseling Office." A said he has been embroiled in an inheritance dispute with his stepmother and stepsister since his remarried father died.

According to A, his father had lived alone before remarrying eight years ago. His new wife had a daughter from a previous marriage who was in college at the time. The daughter called his father "ajeossi" and did not treat him as family.

The situation changed when his father suddenly died of a heart attack not long ago. During the funeral, the stepmother's daughter pulled A aside and said, "There's an apartment and savings, so I think the three of us should divide everything up."

When a bewildered A asked why, she replied, "Our parents were married for eight years — aren't we family?"

A later found that his father had left behind an apartment valued at around 600 million won ($435,000), savings of 100 million won and an outstanding bank loan of about 200 million won.

The stepmother has also insisted the apartment is rightfully hers, saying she cared for her husband until the end. She is also believed to have received the life insurance payout upon his death.

A said he had not been particularly close with his father but never expected to find himself in a dispute over the estate. He asked how inheritance is divided in blended families and whether his stepsister has any legal claim.

Attorney Im Hyeong-chang of law firm Shinsegaero said a remarried spouse's child does not automatically become a legal heir unless a formal adoption has taken place.

"Even if they lived together for a long time and acted like family, the child does not in principle become an heir as a direct descendant of the father unless a legal parent-child relationship was established," Im said. "Absent a special will or gift, it would be difficult for the stepmother's daughter to claim a statutory inheritance share simply because she is the child of a remarried spouse." He added that whether an adoption had actually taken place would need to be confirmed through the family relations register.

Im also said the outstanding loan of about 200 million won must be factored into the inheritance. "If the father left not only an apartment and savings but also a loan debt of about 200 million won, that debt must be considered together in the inheritance," he said. "It is important to thoroughly investigate both assets and liabilities before disposing of any estate."

On the life insurance payout received by the stepmother, Im said, "If the stepmother was designated as the insurance beneficiary, the payout can become her own property."