Succession of Inheritance
QUESTION:
I am a Filipina widow of a Japanese national and would like to ask for legal assistance with regards to the claims for my husband on his left assets and property for our child who is studying here in the Philippines. Here is the brief summary: On October 22nd, 2001, we got married in the Philippines at Taguig City. We have a daughter who is 15 years old and is studying in the Philippines. When I was living in Japan, both of us decided to send our daughter to school in the Philippines for reasons of the location of his house was too far from school and due to his conflicting work schedule. We visited Japan and Philippines vice versa, and was in constant communication over the phone. On April 25th, 2016, when I was in Japan for alien card renewal, I called and spoke to him and he told me that he was at Takao Hospital. I asked him how can I go there but he insisted that I should not go and will contact me as soon as he is discharged from the hospital. When I came back to the Philippines, I kept calling him on his mobile and house phone but no one was answering. I asked a favor to my Japanese friend residing in Cebu that when he gets back to Japan, try to contact the house and mobile phones of my husband’s son, but no one was answering. I also found the contact number of his daughter and sent it to my Japanese friend who was in Japan at that time, but still no one was answering him. Then one day, he tried again until the youngest sibling finally answered him. She gave information that my husband already died. I tried to text her on LINE and she confirmed that he passed away on May 12th, 2016 due to pneumonia. I asked her why her other siblings did not inform me. They knew that their father also has a younger daughter with me in the Philippines. I felt bad the moment I knew. They really didn’t care for my daughter. I only knew of his death last March 18th, 2017. On October 30th, 2017, we visited Japan and went to the cemetery to give respect on his grave. I did consultation with a Japanese lawyer when we were there, but we cannot afford it. Now, as the right of my daughter under the law, we have the right to claim our share of whatever he has left on assets and properties. My problem is that we don’t have enough money to hire a lawyer and we don’t know where to start because no one of my husband’s siblings is willing to help me. I remember that we opened an account for our daughter, which is near to his place. He kept the bank book and ATM Card. This account is for our daughter’s fund from the government. We never touched the funds because it is from the government, which is for our child. I also knew that he has a personal account to the Yokohama, UFJ, Mizuho, Gifu Shinyo Kinko and other important documents and information that kept by his son. I am hoping that your good office can extend assistance on this matter.
ANSWER
I checked your e-mail. Referring to your question about succession of inheritance (property), please find the “generality” to the last, since I could not investigate the copy of a family register of your deceased husband and your daughter in detail. When Japanese dies, an inheritor inherits the inheritance, which a legator (those who died) possess based on Civil Code of Japan usually. Civil Code specifies those who can become an inheritor. In the case of your deceased husband, the inheritor must be the deceased husband’s legal spouse (=you) and children by birth (=his son & your daughter). An important thing is that an inheritance is classified by two kinds: positive property (cash, real estate, etc.) and negative property (debt etc.). In addition to this, when a legator’s written will exists, it must inherit according to a written will. And, when there is no written will, it should be determined by the legator’s consultation.
Then, when there is no intention that an inheritor inherits a legator’s inheritance on the grounds that “there are many debts etc.”, he/she must state “inheritance waiver” to the Family Court having over jurisdiction a legator’s address within three months from the date when the legator died (or the day which got to know the fact of having died). Therefore, it is considered that those who did not state inheritance waiver, and those who passed the above-mentioned term are those who have an inheritance intention. Under these rules, no one can perform inheritance waiver later as a reason which it became clear that there was much negative property more than positive property”. So, it is necessary to fully consult/discuss with the son of your deceased husband about the distribution of inheritance, and to carry out inheritance registration to the Legislative Bureau, Ministry of Justice since his former wife’s child (son) is the legator.
For your information, though you blame the action of sibling(s), which they did not cooperate with you, it is very natural because they have no right of inheritance based on the law.
On the other hand, you may be blamed for this breach of duty since you “have lived in separate houses” although it defines as “duty of husband-and-wife living together” based on Article 752 of Civil Code.
As I mentioned as above, it is important to fully talk by all inheritors including the son of your deceased husband.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 090-1436-4107(Mobile phone)
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.jp (Japanese/English) OR p-digest@ipcworld.co.jp(English/Tagalog)
Website: www.phildigest.jp
Nearest station: Keio Nagayama by Keio line or Odakyu Nagayama by Odakyu line in Tama-city, Tokyo
Working hour/day: 09:00-18:00/Monday-Saturday (except holidays)