Question from a reader:
This is a consultation regarding inheritance. My father passed away 15 years ago, and at that time, I transferred all savings to my mother, allowing her to inherit everything. However, I did not take any steps regarding the land or the family home, leaving them in my father’s name. I am the eldest son, and there was
a younger brother, but he passed away later due to illness. The younger brother has a wife and a daughter. Recently, my mother passed away, and I now have to seriously consider the inheritance. The younger brother’s wife and daughter have expressed that they want to “waive their inheritance from the younger brother’s family,” but I am unsure how to proceed from here. Should I consult a lawyer or a judicial scrivener? I would appreciate guidance on the future steps.

How to Proceed with Inheritance Procedures and Points to Note

Consultations about inheritance are quite common. Especially after a family member has passed away, how to proceed with the necessary procedures is a complex emotional issue. In this blog, I would like to consider the inheritance situation you are facing from a legal perspective.

The Background of Inheritance from Father and Mother

First, let’s clarify your family’s situation. Your father passed away 15 years ago, and at that time, you transferred all inherited assets to your mother. This means that the inheritance tax applies only to the assets acquired by your mother, and there were no particular issues for you or your younger brother. However, you mentioned that no procedures were taken regarding the land and the family home. Legally, these remain in your father’s name, so the inheritance rights need to be addressed. After your mother’s passing, you will assert your inheritance rights.

Consideration for the Younger Brother’s Family

The fact that your younger brother’s wife and daughter have expressed a desire to “waive their inheritance” is a very important point as the inheritance process progresses. Their decision to waive their inheritance will affect the distribution of assets between you and your younger brother’s family. Under Japanese inheritance law, if a statutory heir waives their inheritance, their rights transfer to the other heirs. This means that if your younger brother’s wife and daughter waive their rights, you are likely to inherit all the assets. However, waiving inheritance must be done carefully, and an application must be submitted to the family court.

Flow of Legal Procedures

So, how should you specifically proceed with the inheritance process? It would be good to consider the following steps.

1. Confirming Inherited Assets

First, it is necessary to accurately understand the inherited assets. List all assets, including the land and home in your parents’ names, as well as savings. This will facilitate the estimation of inheritance tax and smooth future procedures.

2. Communication with the Younger Brother’s Family

Discussions with your younger brother’s wife and daughter are very important. Listen to their reasons for wanting to waive their inheritance and establish a foundation for deciding on future policies. Open and honest communication is necessary to avoid misunderstandings and emotional conflicts.

3. Procedures for Waiving Inheritance

If your younger brother’s wife and daughter decide to waive their inheritance, they will need to submit an application to the family court. You can check the necessary documents and procedures on the family court’s website or at their office. Generally, you will need to submit a document stating the intention to waive the inheritance.

4. Consulting Experts

At this point, I highly recommend consulting a lawyer or a judicial scrivener. Experts have extensive knowledge regarding inheritance procedures and can provide the best advice tailored to your situation. Particularly for calculating inheritance tax and changing the title of real estate, seeking expert assistance will allow you to proceed with confidence.

Points to Note in Inheritance Procedures

There are several points to note regarding inheritance procedures. For example, the deadline for filing inheritance tax is within 10 months of the deceased’s passing, so prompt action is required. Additionally, misjudging the valuation of assets or the determination of heirs can lead to future troubles, so it is important to proceed cautiously. Moreover, even if your younger brother’s wife and daughter waive their inheritance, there is no guarantee that future troubles won’t arise. It is advisable to consult with experts regarding any legal issues related to the assets after the waiver.

Conclusion

Inheritance involves complex legal and emotional issues, requiring adequate preparation and understanding. What you should do first is confirm the inherited assets and communicate with your younger brother’s family. Then, proceed with the process in a planned manner while consulting experts. It is important to discuss and aim for a resolution that everyone can agree on, without fearing that something will be “taken” after the inheritance is settled. I hope that the upcoming procedures will go smoothly. If you have any concerns, please feel free to consult me anytime.