Inheritance Attorney | Renunciation of Inheritance Accepted in a Situation Where Trust Among Family Members Was Difficult

Both qualified acceptance and renunciation of inheritance are procedures chosen when the debt exceeds the property to be inherited or is unclear, and they are means of avoiding the inheritance of excessive debt.

To decide on the inheritance procedure, it is important first to accurately confirm the deceased’s property and debt.

If the ratio of the debt to the property to be inherited is not clear or there is room for dispute, you can choose the safe procedure of qualified acceptance, under which you do not bear responsibility beyond the property.

However, because this process is complicated in terms of legal calculation and deadline management, and in particular because renunciation of inheritance or qualified acceptance must be reported within three months from the day on which one becomes aware of the commencement of the inheritance, rather than preparing it alone, receiving the assistance of an inheritance attorney is a wise choice.

Among the client’s siblings, some chose qualified acceptance and the rest decided to renounce the inheritance, but the trust among them had collapsed.

So that the client would not feel anxiety, the inheritance attorney organized the position of each heir and separately prepared the renunciation of inheritance procedures for the client and the substitute heirs without omission.

So that the conflict among the family members would not affect the inheritance procedure, the attorney supplemented the documents centering on objective materials.

The client clearly expressed her intention to renounce the inheritance, but her children were also in a situation in which they could become substitute heirs and inherit the debt.

Accordingly, the inheritance attorney clearly diagrammed the inheritance structure and prepared the renunciation of inheritance filing documents including the children individually, and filed them together.

Helping the procedure proceed with legal completeness even within complex family relationships was an important role of the inheritance attorney.

A report of renunciation of inheritance must be filed within three months from the day on which one becomes aware of the commencement of the inheritance, and if the period is exceeded, it may be deemed a simple acceptance.

The inheritance attorney promptly prepared documents including all the required items (the purport of the claim, the status of the heirs, the commencement date, and so on) within that period and filed them with the family court.

In particular, because the number of family members was large and substitute inheritance was also included, responding quickly without omission was very important.