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| Could an Agreement on Division of Inheritance (Isan Bunkatsu Kyogisho) be recognized by U.S. probate courts? |
Introduction
In Japan, if a decedent dies without a will, the heirs could convene to agree on how to divide the decedent’s assets among the heirs, and provide that in an agreement called the Agreement on Division of Inheritance (or Isan Bunkatsu Kyogisho in Japanese.) An issue might arise if the heirs who are determined to succeed to any asset(s) in the U.S. as provided in the Agreement, are different from the heirs that are entitled by law to succeed to such U.S. asset(s) under U.S. state probate rules. |
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| What if the heirs under the Agreement on Division of Inheritance who are determined to succeed to any asset(s) in the U.S. are different from the heirs that are entitled to succeed under U.S. state probate rules? |
| If the heirs under the Agreement on Division of Inheritance do not match with the heirs that are entitled to succeed to U.S. asset(s) under U.S. state probate rules, the heirs in Japan may wish for the U.S. state probate court to recognize the heirs as provided in the Agreement on Division of Inheritance. In such case, a U.S. state court may recognize the terms of the Agreement, and decide to distribute the U.S. asset(s) to the heirs as provided in the Agreement. A state in which an heir of the deceased had initiated the probate, might also have a statute that allows asset(s) to be distributed in accordance with an agreement between parties, under which it provides for the distribution of asset(s) to heirs that are different from the heirs that are entitled to succeed under U.S. state probate rules. One will need to ask his/her attorney in the U.S. to determine whether the Agreement on Division of Inheritance as drafted in Japan can be accepted in the U.S. state in which he/she had initiated the probate. |
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| Conclusion |
| It is good to note different types of inheritance-related documents in Japan and how they might play a role in U.S. probate and other estate-related matters. |
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| Client Comments |
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| "I appreciated Ms. Hongo's professional expertise and the kind way in which she took care of our matter. I am truly happy that she helped us." |
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| "Given that the U.S. real estate recording process and its pertaining laws differ from those of Japan, and it is difficult to learn about them in English, I appreciated Ms. Hongo being able to explain them to me in an understandable manner. I would like to seek her help in the future for other matters." |
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| "Ms. Hongo helped me with the estate planning for my real estate in Hawaii. I was glad she was able to help me during her visit in Japan." |
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| You're invited to call or email |
"If you have questions about estate planning/administration or captive insurance, please don't hesitate to call. I'll be glad to hear from you." – Yuka
Call (808) 237-9944 or email yuka.hongo12@gmail.com |
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| Meet Yuka Hongo, Esq. |
| Yuka Hongo is a respected estate planning attorney based in Honolulu, Hawaii. She has practiced law for 10 years and is fluent in both English and Japanese. |
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Practice Areas: Yuka represents clients in matters relating to estate planning/administration, including probate and the preparation of transfer on death deeds. In addition, she assists clients in forming captive insurance companies in the State of Hawaii, and performing the corporate maintenance work on an ongoing basis for such companies.
Education: In 2000, Yuka graduated from Oberlin College (Oberlin, OH), where she earned a Bachelor of Arts Degree in Economics and East Asian Studies. In 2004, she graduated from Loyola Law School (Los Angeles, CA), where she earned her Juris Doctor Degree.
Court Admissions and Bar Memberships: Yuka is a member of the Hawaii, California, the District of Columbia Bar, and New York Bar Associations. Yuka is a member of the International Law Section of the Hawaii State Bar.
Additional Qualifications: Yuka is a Certifying Acceptance Agent who can obtain the ITIN tax number for foreigners in the U.S. In addition, she is a life insurance agent and a licensed notary public in Hawaii. Also, Yuka is fully bilingual in Japanese and English and has in-depth experience including complicated translations working with both languages.
Multicultural Background: Yuka has experience living and working in both the U.S. and Japan and has a thorough understanding of both cultures and the people who live in both countries. In addition, she loves working with people from other multicultural backgrounds, and working on international matters.
Accounting Experience: Yuka worked for the Tokyo office of a prominent U.S. accounting firm for the past number of years and has extensive experience working with tax and legal issues that arise from cross-border transactions.
Educational Presentations: Yuka has presented seminars in Japan relating to Transfer on Death Deeds in Hawaii and trusts in the United States.
Residence & Interests: Yuka lives in Honolulu, Hawaii and is single. She enjoys scoping out new eateries and restaurants. |
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