Question from a reader:
I have a consultation regarding inheritance. My maternal grandfather has passed away, but we do not have a blood relationship, and my mother and grandfather were not adopted. Therefore, it seems that the inheritance will go to my mother’s sister and her nieces and nephews from the perspective of my grandmother and grandfather. My grandmother has dementia
and is in a special nursing home, so my mother is handling the procedures. My grandfather had no financial assets, only a house in a rural area. Therefore, if we inherit, we will need to dispose of that house, which is likely to result in a loss. When I consulted a judicial scrivener, I was told that the procedures would cost about 300,000 yen, so my mother contacted my grandfather’s sister and her nieces and nephews herself, but since they had been estranged, she struggled to find their contact information. My mother told my grandfather’s sister and her nieces and nephews that she thought it would be better to abandon the inheritance, but if they wanted it, she would abandon it so they could have it. One sister and one niece were moving towards abandonment, but the nephews and nieces did not believe what my mother said and asked to see documents from the judicial scrivener to confirm that there really were no assets, saying they would decide whether to abandon it after that. Their manner of speaking was also threatening, and they reportedly called almost every day. My mother became overwhelmed and, tearfully, decided to ask the judicial scrivener for help. The judicial scrivener seemed astonished, questioning whether it was worth proceeding when there were no assets and if they really wanted that much money. If they wanted such thorough documentation, I think the nephews and nieces should hire a judicial scrivener themselves, but since they seem uncommunicative, my mother is in a state of defeat. The cost of the judicial scrivener regarding my grandfather’s
Legal Background of Inheritance
Inheritance is an important legal process that determines who will inherit a person’s assets upon their death. In this case, the questioner’s mother is proceeding with the inheritance procedures from her grandfather, but considering her position, it is important to first understand the legal background. The laws regarding inheritance are established based on Article 883 of the Civil Code. This article stipulates the order of heirs, giving priority to direct blood relatives and spouses. If there is no blood relationship and no adoption has taken place, inheritance rights are not recognized for the heirs, meaning that the relevant parties are the grandmother, the mother’s sister, and her nieces and nephews. Therefore, it is legally justified for the questioner’s mother to carry out the inheritance procedures and propose abandonment.
Consideration of Psychological Aspects
Such inheritance procedures not only involve legal issues but also have a significant psychological impact. The questioner’s mother is struggling with communication with estranged relatives, and the stress and anxiety involved are immeasurable. In particular, the theme of inheritance complicates matters as it intertwines family relationships and emotions. For example, the mother finds it difficult to build trust with her nieces and nephews. In such situations, the other party’s words and actions can feel threatening, increasing the mental burden. Psychologically, this kind of stress can lead to emotional instability and impair judgment. The decision for the mother to seek help from a judicial scrivener may stem from this psychological pressure.
Ethical Considerations and Social Responsibility
Ethical aspects cannot be overlooked during inheritance. Feeling that the actions of the nieces and nephews are threatening raises ethical concerns. Even when relationships are thin, it is important to maintain basic respect for others. When inheritance issues arise, it is also a moment that tests family bonds and ethical values. While hiring a judicial scrivener is an appropriate choice, displaying a cold attitude towards clients lacks professional responsibility. In the legal industry, it is essential to understand the client’s situation and provide appropriate advice.
Contract Law and Privacy Rights
The contract with the judicial scrivener pertains to the provision of legal services and is governed by contract law. When entering into a contract, mutual agreement is necessary, and it is important that both parties clearly understand the contract’s contents. Transparency regarding the services provided by the judicial scrivener and their costs is required. Additionally, attention must be paid from the perspective of privacy rights. In inheritance procedures, information about the deceased’s assets and family structure will be disclosed, necessitating consideration for others. Therefore, caution should be exercised when handling information related to inheritance.
Relation to the Entertainment Industry
Inheritance issues in the entertainment industry have different aspects compared to general family or relative inheritances. For celebrities and artists, their assets include not only monetary value but also brand and image. In other words, inheritance is not merely a transfer of possessions; it can significantly impact the surviving family members and fans. In fact, celebrity inheritances often attract media attention, and inheritance disputes becoming public is not uncommon. How the surviving family members respond in such situations is an important factor in alleviating psychological burdens. Inheritance being discussed in public can be very stressful for the family, making appropriate support necessary.
Practical Advice
In this case, it is important to consider the following practical advice: 1. Utilize Experts: It is crucial to regularly communicate with judicial scriveners or lawyers and check on the progress. Experts can provide not only legal procedures but also psychological support. 2. Creative Communication: Communication with nieces and nephews can also be conducted through letters or emails, even if meeting in person is difficult. Even from a distance, conveying sincerity can help foster understanding. 3. Clarification of Costs: Regarding the fees for the judicial scrivener, it is important to confirm details in advance and enter into a contract that is satisfactory. If the fees seem excessively high, it is advisable to consult other experts and compare options. 4. Psychological Support: To alleviate stress, considering psychological counseling should also be an option. Support from professionals can be very effective in organizing emotions and managing stress.
Conclusion and Future Outlook
Inheritance is a complex process that encompasses not only legal aspects but also psychological and ethical issues. In this case, the difficulties faced by the questioner’s mother are diverse, but by collaborating with appropriate experts, it is possible to lead towards problem resolution. Finally, in future inheritance issues, it is important to have discussions about the estate in advance. By fostering communication within the family and deepening understanding regarding inheritance, potential troubles can be prevented. We would love to hear your experiences and opinions, so please feel free to leave comments about your concerns or solutions regarding inheritance.
