Question from a reader:
Please tell me about inheritance. My mother passed away in 2022, and the inherited property was only half of the condominium we lived in. I did not file for inheritance tax or registration. Later, my father passed away in 2025, and the heirs are my sibling and me. I, the elder brother, plan to inherit the condominium
that my mother and father each owned half of, and I intend to live there. Recently, I registered my mother’s half of the condominium. The new owner is me, the eldest son. I also plan to register my father’s half of the condominium at the same time. Is there any problem with registering my mother’s share after the fact?
Inheritance and Registration: Points to Consider When Registering a Mother’s Share After the Fact
Many people have questions about inheritance, especially regarding registration. I myself have learned various things while going through the inheritance process after recently losing a family member. This time, I would like to explain in detail about inheritance and registration related to your case, incorporating my experiences and considering the legal aspects.
The Basic Flow of Inheritance
First, let’s review the basic flow of inheritance. When inheritance occurs, the deceased’s assets are automatically passed on to the heirs. However, to actually inherit those assets, several procedures are necessary. Specifically, the following steps are generally involved: 1. Determining the heirs: Heirs are determined by legal heirs (spouse, children, parents, siblings, etc.). 2. Valuation of the estate: The value of the assets is assessed to aid in calculating inheritance tax. 3. Filing for inheritance tax: If the inherited assets exceed a certain amount, filing for inheritance tax is necessary. 4. Registration procedures: Changes to registrations for real estate and other assets need to be made. In your case, after your mother passed away, the share of the condominium that was part of the inherited assets remained unchanged.
The Impact of Registering the Mother’s Share After the Fact
Now, regarding your question about registering your mother’s share after the fact, there are several legal points to consider. Mandatory Inheritance Registration From 2024, inheritance registration will be mandatory. This means that when inheritance occurs, registration must be carried out without fail. In your case, since your mother’s share was not registered, you did not fulfill the legal obligation. However, by registering your mother’s share as you inherit it, the legal issue will be resolved. What is important is that at the time of registration, you are recognized as the official owner of that share. Filing for Inheritance Tax Another point to consider is the filing for inheritance tax. When inheriting your mother and father’s shares, you may need to file for inheritance tax. It is advisable to consult with a specialist regarding this matter. By consulting the tax office, you can clarify what procedures are necessary.
Points to Note Regarding Registration Procedures
There are also several points to be aware of regarding registration procedures. Please keep the following points in mind: 1. Deadline for registration application: There is a deadline for inheritance registration. Even after registering your mother’s share, make sure to register your father’s share at the appropriate time. 2. Preparation of necessary documents: Various documents are required for registration, such as wills, inheritance relationship diagrams, and consent forms from all heirs. It is essential to prepare these in advance. 3. Consultation with professionals: If you have any concerns, consulting with a lawyer or judicial scrivener can help you proceed smoothly with the process.
Lessons Learned from Personal Experience
When I experienced my family’s inheritance, the process took a lot of time. In particular, the registration and filing for inheritance tax were complex, and I found myself confused at times. Therefore, I completely understand the doubts and anxieties you may have. Especially after the loss of a family member, it can be mentally exhausting. That is why I recommend consulting with a professional early on. By receiving appropriate advice, you can proceed with the process with peace of mind for your future and your family’s sake.
Conclusion
Inheritance and registration involve many laws and procedures, making them very complex. However, if you have the correct information and proceed with the appropriate steps, issues can be resolved. Registering your mother’s share after the fact carries certain risks, but by properly handling future procedures, you can build a secure future for yourself and your family. Inheritance is an unavoidable process in life, but by taking one step at a time, you can surely find a way forward. I sincerely hope that you can navigate this path safely.