“”””I took care of my father with dementia”””” My older brother inherited the Songpa house alone… three siblings conflict

Would it be legally valid if the older brother, who was taking care of his father who was whipped, inherited the house in advance without his younger siblings knowing?

28th

YTN

On the radio show ‘Attorney Jo In-seop’s Counseling Center’, the problem of Ms. A, the second daughter of three siblings, was introduced.

Mr. A’s father, who was a middle school teacher, touched the soil and tended the field as a hobby. Then, the good fortune of having the field included in a new city development area came, and my father used the money to buy a single-family home in Songpa-gu, Seoul.

In the meantime, Mr. A and his younger sister got married and started a family. However, my older brother never married, and because he could not last long at work, he lived with his parents while unemployed.

Then one day, my father developed dementia. Naturally, my older brother, who stayed at home without a job, took care of my father. Mr. A and his younger sister, who were unable to visit their father often due to work and childcare, felt fortunate that their older brother was by their side.

My father passed away in 2023. However, while organizing property after the funeral, Mr. A, his mother, and younger sister encountered a shocking fact. My father had a deposit of 200 million won and a single-family home, and when I took a copy of the house’s register, I found that the title had already been transferred to my brother two years ago.

The older brother claimed that “the house was given to him by his father as a reward for taking care of him,” and that “the house is not inherited property.”

Mr. A said, “We cannot accept it. (When the title to the house was changed), it was a time when my father was losing his judgment due to dementia,” he said. “How can you believe that it was a decision made by my father who was not of sound mind? “I never dreamed that the three siblings, who were so close together, would blush like this over their father’s inheritance,” he said.

Attorney Lim Soo-mi (Shinsegae Law Firm) said, “If it can be proven that the father was incapable of making judgments due to dementia when he donated a house to his eldest son in advance, the gift will be invalid and can be included in the inherited property.” He added, “You must prove your cognitive ability at the time through the father’s medical records or witness statements.”

https://n.news.naver.com/article/008/0005269065