Question from a reader:
I am having trouble with the division of inheritance. My mother passed away, and my father, my brother, and I are set to inherit her estate. Since my father is elderly, my brother and I decided to divide the inheritance ourselves. We agreed on a 60-40 split, and I received 4 million yen, but later I had
doubts about my brother’s actions. Upon checking with the bank, I found out that my brother had transferred my mother’s time deposit of 10 million yen into his own account. When I confronted my brother, he apologized, and we decided to redo the inheritance division negotiations. However, he is now saying, “I took care of our mother, so I want a 55-45 split.” If he has hidden half of the inheritance, what would be a reasonable division? Also, I would appreciate information on the typical fees if I were to hire a lawyer. If anyone has detailed knowledge, I would be grateful for your help.

Practical Advice on Inheritance Division

Recently, I received a question from a reader. Topics related to inheritance are complex and often involve emotions, so I would like to explain based on actual experiences.

Overview of the Question

The question is about a situation where the mother has passed away, and the father, brother, and the questioner are set to divide the inheritance. Initially, the brother received 60%, and the questioner received 40%, totaling 4 million yen. However, it later came to light that the brother had transferred 10 million yen from the mother’s time deposit into his own account. Upon confronting him, the brother apologized, and they decided to hold another inheritance division negotiation. Now, the brother is claiming, “I took care of our mother, so I want a 55-45 split.” This is quite a difficult issue.

Basic Considerations for Inheritance Division

First, let’s confirm the basic considerations regarding inheritance division. Under Japanese law, it is generally stipulated that heirs divide the inheritance according to their statutory shares. However, the method of division can also be negotiated among the heirs. This negotiation is voluntary, and if all heirs agree, they can divide the inheritance in any proportion they like, regardless of the statutory shares. However, in this case, the issue arises from the brother hiding the time deposit. Generally, it is not acceptable for an heir to conceal the deceased’s assets. In such cases, a fair distribution among the heirs is required.

How to Handle Hidden Assets

If the brother has hidden the time deposit, that amount should be considered part of the inheritance. This creates grounds for reducing the brother’s share. Specifically, the total inheritance should be calculated to include the 10 million yen that the brother concealed. It is necessary to recalculate, including the 4 million yen the brother initially received. For example, if the total inheritance is 14 million yen (4 million + 10 million), the new shares for the brother and the questioner could be as follows: – Amount the brother should receive = 14 million yen × 6/10 = 8.4 million yen – Amount the questioner should receive = 14 million yen × 4/10 = 5.6 million yen Since the brother has already received 4 million yen, the amount he should receive again would be 4.4 million yen, while the questioner would receive 5.6 million yen. It is important to note that changing the ratio based on the brother’s claim of “taking care of our mother” is difficult given the existence of hidden assets. While taking care of the mother is an important factor, inheritance should be conducted fairly from a legal perspective.

Typical Fees for Hiring a Lawyer

Now, I would like to touch on the typical fees for hiring a lawyer. There are many lawyers who specialize in inheritance issues, and consulting them can provide legal advice. The fees for hiring a lawyer are generally set as follows: 1. Consultation fee: The initial consultation fee typically ranges from 10,000 to 20,000 yen per hour. By paying this, you can receive specific advice and guidance. 2. Retainer fee: Once you decide to hire a lawyer, a retainer fee will be incurred. This fee varies depending on the complexity of the case and the lawyer’s experience, usually ranging from 100,000 to 300,000 yen. 3. Success fee: It is common to pay a percentage of the inheritance as a success fee to the lawyer. This also varies based on the amount of the inheritance, typically ranging from 5% to 10%. Considering these costs, it is essential to carefully evaluate whether to proceed with hiring a lawyer. If there is room for resolution through discussions with the brother, proceeding without involving a lawyer could also be an option.

Conclusion

Inheritance division is a highly complex issue that often involves emotional aspects. Regarding the brother’s concealed time deposit, a fair distribution is required, and discussions should proceed while considering legal perspectives. In this case, it can be said that it was fortunate that the hidden inheritance was discovered. If this fact had not come to light, the questioner might have received an unfairly small inheritance. While it is understandable that emotional elements come into play in such situations, it is crucial to prioritize legal aspects and aim for a fair resolution. Consulting a lawyer is one option, but I would recommend first trying to find a solution through discussions with the brother. Inheritance is a challenging area where emotions and law intersect, but it is essential to remember that maintaining fairness is the most important factor.