Question from a reader:
I had asked a lawyer to be the executor of my mother’s will before she passed away, and it stated that I would inherit the estate alone, despite having three siblings. However, I am now receiving claims for the statutory share from my three siblings. This lawyer is very careless; he did not deduct any debts and
changes his statements every time. Furthermore, he has unilaterally withdrawn 6.5 million yen from my mother’s savings as his fee. When I checked the market rate, it was around 1 million yen, so when I said it was too high, he became extremely angry. I have also entrusted him with real estate, but there has been no progress at all, and I cannot take a strong stance. He said he would request a property viewing from the real estate company, but he hung up the phone, saying it depends on the other party. I think 6.5 million yen is too high, and I want to refuse the real estate as well, but is there anything I can do?
Legal Considerations Regarding Statutory Share Claims and Lawyer’s Actions
As the first step in addressing the reader’s question, it is important to understand the legal background regarding wills and statutory share claims. Under Japanese civil law, heirs are granted the right to a statutory share. The statutory share is a system designed to protect legal heirs from being unjustly excluded by a will. Specifically, in cases where there are four siblings, each has a legal share, and the statutory share is calculated based on that. In this case, the mother expressed her intention to leave her estate to a specific heir in her will, but legal conflict has arisen due to the other siblings making statutory share claims. Statutory share claims are legally recognized rights, and ignoring such claims is not an option. Therefore, it is necessary to consider forming an agreement among the heirs and, if necessary, legal proceedings.
Lawyer’s Actions and Ethical Aspects
Next, let’s focus on the reader’s dissatisfaction with the lawyer’s actions. If a lawyer has withdrawn an unjust fee from the estate, this clearly presents an ethical issue. While lawyers have the right to receive fair compensation from their clients, if the amount deviates from market rates, they have an obligation to explain themselves to the client. For instance, the typical fee for legal services related to estate inheritance varies by case, but if the amount of 6.5 million yen is around 1 million yen in the market, it can be considered an excessive charge. In such cases, clients have the right to demand an explanation of the fee from the lawyer and should consider filing a complaint with the bar association if necessary.
Progress in Real Estate Management and Psychological Aspects
Problems have also arisen regarding real estate management. The claim that there has been no progress without the lawyer collaborating with the real estate company may seem valid at first glance, but in reality, the lawyer should take proactive steps. The reason the client cannot take a strong stance also lies in psychological aspects. It is natural to feel distrust towards the lawyer, but such feelings can hinder the client from asserting their rights. Psychologically, fear of authority and accompanying anxiety are common. Clients should calmly analyze the situation to protect their rights and take necessary actions. Specifically, they should reconsider their communication with the lawyer and, if needed, consult another lawyer as an option.
Methods of Addressing the Issues and Specific Advice
To address these issues, the following specific advice should be considered: 1. Improve Communication with the Lawyer: It is essential to openly express any doubts or concerns to the lawyer. Additionally, regular updates on important decisions and progress should be requested. 2. Research on Fees: To clarify the market rate for the lawyer’s fees, it would be beneficial to seek opinions from multiple lawyers. If necessary, consulting the bar association to confirm whether the fee is appropriate should also be considered. 3. Consult Other Professionals: If the relationship with the lawyer does not improve, it may be worth consulting another lawyer. In particular, finding a law firm specializing in inheritance is important. 4. Responding to Statutory Share Claims: It is necessary to take early measures regarding statutory share claims. If needed, consider hiring a lawyer to negotiate a settlement with the other party.
Integrated Understanding of Legal, Psychological, and Ethical Aspects
When addressing legal issues, it is important to also consider psychological and ethical aspects. The law is one framework, and it cannot be separated from the emotions and ethical views of real people. Building a trusting relationship with the lawyer can facilitate smoother problem resolution. Moreover, in the entertainment industry, law and ethics are also crucial elements. For example, in copyright issues and contract disputes, clients need accurate information and appropriate advice to protect their rights.
Conclusion and Practical Takeaways
Ultimately, the issues surrounding estate inheritance and the lawyer’s actions are complicated by the interplay of legal, psychological, and ethical aspects. Clients can achieve better outcomes by understanding their rights and taking appropriate actions. It is important to reassess communication with the lawyer and consult other professionals if necessary. Finally, I encourage all readers to reflect on this issue. Deepening your knowledge of the law is the first step in protecting your rights. Please share your thoughts and experiences.
