"Fierce Daughter-in-Law 'Devours Son,' Outrage Over Mother-in-Law's Renunciation of Inheritance"

Daughter-in-law Raising 3- and 8-Year-Olds Alone After Losing Husband
Mother-in-Law's Verbal Abuse: "Daughter-in-Law Is Devouring My Son"
Inheritance Lawyer's Advice: "Legitimate Claims Possible"

A story about a mother-in-law verbally abusing her daughter-in-law, who is raising children alone after losing her husband, has sparked public outrage among netizens.

On the 3rd, YTN's 'Attorney Joinseop's Counseling Center' reported the story of Ms. A, who lost her husband in a traffic accident and is raising two daughters aged 3 and 8 by herself. Ms. A began, "In our 8th year of marriage, my father-in-law gave my husband his entire retirement pension of 100 million won, and two years later, I took care of my father-in-law with dementia diligently, but his symptoms worsened."

Ms. A explained the situation, saying, "After my husband died in a traffic accident caused by drowsy driving, my mother-in-law's resentment was directed at me. Whenever she saw me, she would blame me with phrases like 'You devoured my son' and 'Because the daughter-in-law's fate is harsh, my son ended up like this.' But I endured it for the sake of my young daughters." However, the verbal abuse from her mother-in-law did not stop, and she was even told to "leave the house."

Ms. A also said, "I heard my mother-in-law say, 'Since you already received 100 million won from my father-in-law, don't expect to inherit any other property,'" and asked, "I wonder if I can properly receive the inheritance in such a case."

Attorney Lee Kyungha, who heard the story, explained, "The storyteller and her daughters are also included as heirs of the late father-in-law," adding, "This is called 'substitutional inheritance'." Substitutional inheritance means that when a legal heir has passed away, the deceased's share is inherited by their children and spouse. Attorney Lee advised, "According to Article 1001 of the Civil Act, if a direct descendant or sibling who would be an heir dies before the inheritance begins, their direct descendants become heirs. Article 1003, Paragraph 2 also includes the spouse as a substitutional heir." He emphasized, "Ms. A and her daughters become joint heirs of the father-in-law, replacing the husband's share."

Regarding whether the 100 million won given by the father-in-law is excluded from the inheritance share, he said, "The Supreme Court regards lifetime gifts from the decedent as special benefits to substitutional heirs," adding, "It is standard to deduct that amount from the inheritance share." However, he noted, "If the court determines that living together with the father-in-law and providing special care constitutes compensation, the 100 million won retirement pension may be excluded from special benefits."