Inheritance dispute

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Haystack
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Re: Inheritance dispute

Post by Haystack »

There is some provision now for written and itemized wills, but you will still need to keep it filled somewhere safe, and ensure it is known and not ignored upon death.

It seems a notary will -公正証書遺言 might be the most legit method, and it does not look too costly.

...

inheriting things like stock can be complicated, as to actual inherit the stock heirs would need to open an account at your specific SEC. firm. If not, the shares would be liquidated, and they would receive cash.

Lawyers and Scriveners acting as executers will offer more handholding (for a fee).

...

I plan to go the Notary route, and have 1 or 2 funds only in my Sec. account. They can receive the cash or stock as they see fit. They will have an account under my broker ahead of time!
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Re: Inheritance dispute

Post by KyushuWoozy »

This thread, and the ones about UK expat state pension entitlement and iDeCo (among others), are incredibly valuable. With all the crap posted online these days, this forum is a rare diamond. Well done Ben.
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Gulliver
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Re: Inheritance dispute

Post by Gulliver »

So if a parent inherits 1/3 of a house does that mean that they have to pay 1/3 of the upkeep and taxes etc? (Glass half full) Also, since they are now part owners can they just go get a key made and move in whenever they want? (Glass half empty)
nagasakirams
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Re: Inheritance dispute

Post by nagasakirams »

Commiserations to the person involved in this dispute as it sounds a truly horrific experience but thanks to all for an informative discussion which may have ramifications I had never previously considered. It has made me wonder about my situation in regards to the iryubun previously mentioned.

I have an adopted son who has come of age. He is the son of my ex-wife from her previous marriage. At the time of the divorce, it was part of the agreement that I raise him until he came of age.

I had presumed my legal obligation to him finished once he came of age but now wonder if he would have a legal right on any estate I leave thru iryubun. I have other children related by blood. The adopted son is the oldest child.

Does anyone have any insights?
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RetireJapan
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Re: Inheritance dispute

Post by RetireJapan »

nagasakirams wrote: Thu Sep 08, 2022 7:41 am I have an adopted son who has come of age.
Best to check with a lawyer if in doubt, but... did you formally adopt him (養子縁組)? I was told by our ward office that non-Japanese citizens could not do this in Japan, but instead would have to do so in their country of nationality -was looking into adopting my step kids.

If not, then my impression is that he would not be entitled to an iryubun share and you would have to make a will if you wanted to leave him something.
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nagasakirams
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Re: Inheritance dispute

Post by nagasakirams »

RetireJapan wrote: Thu Sep 08, 2022 8:13 am
nagasakirams wrote: Thu Sep 08, 2022 7:41 am I have an adopted son who has come of age.
Best to check with a lawyer if in doubt, but... did you formally adopt him (養子縁組)? I was told by our ward office that non-Japanese citizens could not do this in Japan, but instead would have to do so in their country of nationality -was looking into adopting my step kids.
Thanks. I did formally adopt him. It happened at the second attempt. When we married, we tried and went thru a lengthy process but "his biological father objected" so it didn't happen. I use quotes here because this is what I heard from my ex-wife so I can't be 100% certain.

Fast forward ten years and suddenly it was possible without any further process bar an inkan.
A year later my ex divorced me.

Not my intention to put you off but at least go into it with your eyes open.
zeroshiki
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Re: Inheritance dispute

Post by zeroshiki »

I have no experience with this but I do know there's a form you can fill out to cancel the adoption 離縁届. Apparently adopting your wife's child then divorcing is such a common thing that people do it enough for there to be blogs about it.

This has an article about this situation: https://souzoku.vbest.jp/columns/2060/
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Re: Inheritance dispute

Post by RetireJapan »

nagasakirams wrote: Thu Sep 08, 2022 11:06 am Not my intention to put you off but at least go into it with your eyes open.
Thanks! They are in their late twenties/early thirties now so probably not necessary any more :D
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nagasakirams
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Re: Inheritance dispute

Post by nagasakirams »

zeroshiki wrote: Thu Sep 08, 2022 12:13 pm I have no experience with this but I do know there's a form you can fill out to cancel the adoption 離縁届. Apparently adopting your wife's child then divorcing is such a common thing that people do it enough for there to be blogs about it.

This has an article about this situation: https://souzoku.vbest.jp/columns/2060/
Thanks for this. It could be just what I'm looking for.
Max
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Re: Inheritance dispute

Post by Max »

Gulliver wrote: Tue Jun 07, 2022 7:41 am So if a parent inherits 1/3 of a house does that mean that they have to pay 1/3 of the upkeep and taxes etc? (Glass half full) Also, since they are now part owners can they just go get a key made and move in whenever they want? (Glass half empty)
Surely "full" and "empty" here are the other way round?
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