Question from a reader:
I have something I would like to consult about inheritance. My mother passed away, and my sister and I are the two heirs. We split the funeral costs equally, but my sister has entrusted the inheritance procedures to a judicial scrivener. Recently, I received an inventory of assets from the judicial scrivener, but there was a significant
difference compared to the amount I had heard from my mother. Feeling suspicious, I requested the bank statements, and found that a large sum of money had been withdrawn after my mother’s death. It seems my sister had been withdrawing it secretly without my knowledge. Furthermore, the judicial scrivener must have known about this, yet only listed the balance before the withdrawals. I am angry that my sister thought she could secretly withdraw money without me noticing, but I am also shocked that the judicial scrivener hid this withdrawal. Does the judicial scrivener prioritize the interests of the client, my sister? I have heard that lawyers sometimes side with their clients even if they are criminals; is it the same for judicial scriveners?
Legal Background of Inheritance
Inheritance is a legal procedure in which the heirs inherit the assets left by the deceased, based on a series of processes governed by civil law. Heirs are relatives of the deceased or designated individuals, and the rights to inheritance are determined by statutory heirs or a will. In this case, you and your sister are listed as heirs, and as indicated by the fact that you both shared the funeral costs, there are financial aspects involved in the inheritance process. The inheritance procedure typically includes discussions on asset division, creation of an inventory of assets, and filing and payment of inheritance tax. Judicial scriveners are professionals who handle inheritance registration and the creation of inheritance division agreements, and they perform their duties based on the client’s instructions. However, problems can arise when trust between heirs is compromised.
Psychological Aspects
This case also involves psychological factors. Inheritance is a situation where memories and emotions related to the deceased intertwine, leading to competition and conflict among the bereaved. Particularly, disputes over inheritance among siblings are common and can significantly affect shared living situations and family history. Your sister’s act of secretly withdrawing funds is a betrayal of trust and causes emotional shock. When financial interests are involved, people can lose their composure, leading to estrangement from those around them. Psychological conflicts in inheritance often generate jealousy and negative emotions, which can adversely affect long-term family relationships.
Ethical Considerations and the Role of Judicial Scriveners
Judicial scriveners are professionals who prioritize the interests of their clients, but they are also expected to uphold fairness and integrity. While pursuing the client’s interests is important, actions that infringe upon the rights of other heirs are unethical. In your case, if the judicial scrivener knew about your sister’s asset withdrawals and concealed that information, they may not be fulfilling their legal obligations. Such actions can undermine trust among heirs and ultimately diminish the reputation of the judicial scrivener. From an ethical standpoint, it is essential to consider the interests of all heirs and not to pursue the benefits of only one party.
Analysis from the Perspective of Legal Regulations and Contract Law
Inheritance procedures are subject to the provisions of contract law and civil law. The contract with the judicial scrivener represents an agreement to undertake tasks related to the inheritance process, and there is a responsibility to act based on this contract. Judicial scriveners have an obligation to disclose necessary information to protect the interests of the heirs. Moreover, forming agreements among heirs is crucial, and failure to do so can lead to litigation. Particularly when there are multiple heirs, a lack of transparency can be a source of trouble. During inheritance, discussions that everyone can agree on are required.
Privacy Rights and Social Responsibility
Privacy rights are also an important element in inheritance procedures. Information about the deceased’s assets and transactions is particularly sensitive and should not be disclosed without the consent of all heirs. Your sister’s secret withdrawal of funds is an infringement of your rights. Judicial scriveners have a responsibility to manage all information related to the inheritance process appropriately and to respect the privacy of the heirs. Fulfilling social responsibility is expected not only of judicial scriveners but of all professionals.
Practical Advice and Measures
When faced with such a situation, it is important to take several measures. Here are some specific pieces of advice: 1. Gather Information: First, collect all information related to the inheritance. It is important to understand the specific figures based on bank statements and the inventory of assets. 2. Promote Dialogue: It is essential to communicate with your sister and make efforts to resolve misunderstandings and conflicts. It is important to discuss matters rationally without becoming emotional. 3. Consult Experts: If the troubles cannot be resolved, consider consulting legal professionals or lawyers. Obtaining legal advice can help protect your legitimate rights. 4. Document Records: Document all communications and agreements. This can serve as evidence later on.
Conclusion
Inheritance is a complex process intertwined with many legal, psychological, and ethical factors. Especially when family relationships are involved, emotional aspects can have a significant impact. The issues you are facing are not uncommon, and finding appropriate ways to address them can open the path to resolution. Finally, please remember that inheritance issues are sensitive topics, and many people share similar concerns. Sharing your experiences and learning together may lead to solutions for future inheritance problems. I would love to hear your thoughts and impressions.
