My wife’s mother passed in February this year and after spending two month at home to assist her father, my wife has found that a substantial amount of money has been hidden by her sister. This morning, my wife departed for Japan to finalise everything but is somewhat unsure of her next moves. From what I have been able to read, with no will made by the deceased, the heirs(in this case) are to share equally.
So, but how does one recover this inheritance when the sibling will not follow through?
Can police be involved(I understand it is a civil matter)?
What other options would be open to her in this regard.
I have no understanding of what can be done and can only help her by asking others. Appreciate any options given, thanks.
*I am not seeking any professional advice.
by Special_Gain_9227
10 comments
Yes, genereally a civil matter, but depending on circumstances may also be theft or fraud.
It will depend on how the money has been hidden and how you know about it. Depending on circumstances you, as a heir, may be entitled to ask regarding the existance of accounts (etc.) to financial institutions. Depending on the complexity, etc., it may be preferrable to consult a lawyer familiar with such matters.
You can see either of these sites for a rough run-down
[https://souzokubengo-line.com/post-9619/](https://souzokubengo-line.com/post-9619/)
[https://linx-law.jp/souzoku/%E9%81%BA%E7%94%A3%E9%9A%A0%E3%81%97%E4%BD%BF%E8%BE%BC%E3%81%BF/](https://linx-law.jp/souzoku/%E9%81%BA%E7%94%A3%E9%9A%A0%E3%81%97%E4%BD%BF%E8%BE%BC%E3%81%BF/)
Your wife’s mother and father are divorced?
I think he’d, the father, would get 50% and if there’s two heirs, each heir would get 25%.
There’s going to be some inheritance taxes. So maybe that’s what the sister is trying to hide.
How did you guys find out? Found a bank book lying around? There might be a few unknown accounts. Good luck.
In principle, the spouse, the father, will get a half of what your wife’s mother left, and the rest is divided among all eligible descendants. In this case two sisters. Your wife will normally get 1/4. No matter what the situation was, you can claim 遺留分, which is a half of the share.
If they can not reach an agreement, I believe they will have to go to the family court 家庭裁判所.
>> my wife has found that a substantial amount of money has been hidden by her sister.
Have either of you discussed this with her directly? Although illegal, this is usually done to avoid the high inheritance tax.
If she is indeed attempting to hide the money from your sister, she is also hiding it from the government. I don’t think there would be a need for a lawyer in this case, you could just forward any evidence/info you have (e.g. bank withdrawals) to the tax office and they’ll gladly pursue the hidden funds as they will also get a cut of these assets.
Best to have a direct conversation with the sister in law.
Wife’s sister or mother’s sister?
As statutory heir, your wife is allowed to inquire with financial institutions; this can be done through a judicial scrivener (司法書士) especially if she doesn’t live in Japan. She should gather as much relevant information and bank documentation as possible, and only then ask the sister for full disclosure of the assets.
If she still appears to be withholding information or you suspect foul play, it may be appropriate to consult a lawyer.
since your sister in-law stole the money without permission or your father in-law knowing you need to go to the police.
When someone dies, the accounts get locked. Only after the shares are decided and agreed on does the money/assets get handed out.
You’ll need a lawyer my cousins went through the same thing.
Hidden or spent already?
Good luck, dealing with a parent passing is hard enough. It is common for one sibling to just think they deserve more & try to take it. Happened in my family & others I know too.
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