Question from a reader:
I have not yet inherited my father’s estate, who passed away last year, and this year my mother has also passed away. I believe my brother and I are the two heirs, but there are two properties in my family home. One is not registered, and both are still in my father’s name. If I renounce my
mother’s inheritance, will I still retain 1/6 of my father’s estate inheritance, or can I renounce everything? I would like my brother to inherit the land and buildings, so I want him to handle the future procedures as well.
Introduction
Inheritance issues are a very delicate theme that tests family bonds. Particularly, the situation of having lost both a father and a mother in succession brings forth many emotions. In this article, I will explain inheritance renunciation and estate inheritance from a legal perspective through your case.
Basic Flow of Inheritance
First, let’s confirm the basic flow of inheritance. Inheritance is the process by which the legal heirs inherit the estate left by the deceased, and it is carried out in accordance with the law. In your case, your father’s estate and your mother’s estate need to be considered separately.
Regarding Inheritance of Father’s Estate
When a father passes away, you and your brother become the legal heirs. If there is no will, the distribution of the estate will follow the legal inheritance shares. Typically, in the case of two children, the estate is divided equally, meaning you and your brother will each inherit 1/2. The issue is that your father’s estate includes real estate that is not registered. How this real estate is handled will be an important factor as the inheritance process progresses. For unregistered real estate, it can be treated as part of the inherited property legally, but since the title is still in your father’s name, registration procedures will likely be necessary.
Regarding Renunciation of Mother’s Inheritance
Next, let’s consider your mother’s inheritance. When your mother passes away, you and your brother again become the legal heirs, but by choosing to renounce the inheritance in advance, you can forfeit your right to receive any of the estate. In this case, by renouncing your mother’s inheritance, you will not receive anything regarding her estate. What is important is the impact of renouncing your mother’s inheritance on your father’s estate. The renunciation applies only to your mother’s estate, so it does not directly affect your inheritance of your father’s estate. In other words, even if you renounce your mother’s inheritance, your right to your father’s estate remains intact. Specifically, you will share 1/2 of your father’s inheritance with your brother, and he will inherit all of the estate.
Advantages and Disadvantages of Renunciation
There are several advantages and disadvantages to renouncing an inheritance. Firstly, an advantage is that if your mother’s estate includes negative assets (such as debts), renouncing the inheritance allows you to avoid those. Particularly if there are significant debts, your brother receiving the entire estate can reduce your burden. On the other hand, a disadvantage is that by renouncing the inheritance, you will not be able to be involved in your mother’s estate in any way in the future. For example, if your mother’s estate later turns out to be valuable, you will have no claim to that portion, so careful consideration is necessary.
Regarding Future Procedures
I understand the idea of leaving all the procedures to your brother. Inheritance procedures require many documents and can be complex. However, it is important to grasp the basic information yourself before delegating everything to your brother. For instance, knowing the flow of procedures such as inheritance registration and the creation of an estate division agreement will make it easier to handle any potential troubles. Additionally, consulting with a judicial scrivener or lawyer is also a good option. By hearing the opinions of experts, you can gain a clearer understanding of your own rights and obligations.
Conclusion
The theme of inheritance is not only a legal issue but also carries many emotional aspects. In your case, since renouncing your mother’s inheritance does not affect your father’s estate, leaving everything to your brother is one option. However, ultimately, understanding your own rights and obligations and proceeding with the process in a way that you find satisfactory is the most important thing. I hope this blog helps to alleviate some of your doubts and anxieties. Inheritance is a significant procedure that happens only once, so I recommend proceeding steadily and without haste.
