Question from a reader:
This is a consultation regarding inheritance. My parents have passed away, and I would like to discuss the division of their estate, but the other party says they do not want to pay and has hired a lawyer. I received a letter from that lawyer asking how I would like to proceed. At first glance, it seems
fair, but I believe the other party hired a lawyer because they do not want to pay. In that case, I worry that the other party’s lawyer may steer the conversation in a direction that is unfavorable to me. In this situation, should I also hire a lawyer to negotiate with their lawyer? Or do you think it would be better to skip the discussions, which seem futile, and immediately file for the division of the estate? Which do you think is better?
The Complexity of Inheritance and Its Countermeasures
Facing inheritance issues is a mentally taxing experience for anyone. Especially after losing a loved one, no one expects to encounter such troubles. I also recall a real-life example I heard from a friend. His family had a dispute over the division of the estate after their parents passed away. Based on that experience, let’s consider your situation.
The Background of the Other Party Hiring a Lawyer
First, let’s clarify your situation. The other party is reluctant to proceed with the discussion about the division of the estate and has hired a lawyer for that reason. To be honest, this is a very common scenario. Discussions about inheritance often involve emotions, making calm negotiations difficult. Hiring a lawyer is one way for the other party to secure their rights. However, it is important to note that there is an underlying feeling of “not wanting to pay.” In such situations, it is understandable to be concerned that the other party’s lawyer may lead the conversation in a direction that is unfavorable to you.
Should You Hire a Lawyer?
Now, what I want to consider is whether “you should also hire a lawyer.” In my opinion, you should first consider hiring a lawyer. By involving a legal expert, you can accurately convey your claims and facilitate smoother negotiations with the other party’s lawyer. Of course, hiring a lawyer incurs costs. However, obtaining the help of the right expert can be a very important investment in the long run. In fact, my friend was able to make calm judgments by hiring a lawyer, and ultimately, the division of the estate was carried out in a satisfactory manner.
Specific Steps to Take
Now, let’s think about how to proceed specifically. 1. Selecting a Specialist The first step is to find a trustworthy lawyer. It is preferable to find a lawyer who specializes in inheritance, but look for a law firm that suits your area. Reviews and recommendations can also be helpful. 2. Organizing Consultation Content When consulting with a lawyer, it helps to organize your wishes and thoughts beforehand. Clearly communicate what you are seeking, how much estate there is, and your opinions and feelings regarding it. 3. How to Proceed with Negotiations With a lawyer involved, negotiations with the other party will begin. At this stage, it is important to proceed with calm discussions. If emotions run high, it can lead to more complicated issues, so let’s maintain calmness on both sides as we move forward.
Points to Note When Proceeding with Discussions
Now, even if you hire a lawyer, there are several points to be cautious about during discussions. – Controlling Emotions Inheritance matters are highly emotional. It is crucial to maintain calmness, especially to avoid being aggressive towards the other party. This increases the likelihood of smooth discussions. – Respecting the Other Party’s Opinions It is also important to understand what opinions and requests the other party has. By understanding each other’s positions, better solutions may ultimately be found. – Considering Compromise Proposals While respecting each other’s opinions, it may sometimes be necessary to find common ground. Doing so increases the chances of achieving a resolution that both parties can agree on.
Should You Consider Filing for Division of the Estate?
However, if discussions become difficult, you may need to consider filing for the division of the estate. In this case, you would need to file with the court, but this should be considered a last resort. Court procedures take time and can be costly, so it is best to avoid them if possible. However, if the other party refuses to engage in any discussions or if emotions worsen, it may be necessary to consider filing. In such cases, the advice of a lawyer is crucial.
Conclusion
Inheritance issues are very delicate and complex. Whether you should hire a lawyer depends on the situation, but obtaining expert assistance can be very effective. Given the emotional nature of the issues involved, calm judgment is required. Ultimately, it is important to find a resolution that both parties can agree on. It may take time, but let’s proceed without rushing. Additionally, it is important to make the best choices while seeking expert opinions as needed. I hope your inheritance process goes smoothly.
