My father's deposit and savings 50 million yen ... Can my sister claim to be refunded to my older brother?[A lawyer explains]

(The image is an image / pixta)

After the death of his father, who had dementia, his brother, who had undergone property management, was used to use 50 million yen deposits and savings.Can her sister request her brother to return?Is there anything to be aware of when she claims?Mr. Hideyuki Takashima, a representative lawyer of Takashima General Law Office, has been handling a wide range of inheritance projects for many years.

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Looking at my father's passbook, 50 million yen is withdrawn ...

Mr. A is a wealthy person who has several condominiums. Mr. A has the eldest son X and the eldest daughter Y child. Mr. A has entered the facility due to the progress of dementia, and managed the rent and passbook by the eldest son X. When Mr. A died, Yuko -san looked at Mr. A's passbook, it turned out that 50 million yen was withdrawn. Mr. A did not require such a large amount of cash because the cost of living A's facility, such as the cost of A's facility, and the management costs and taxes of the condominiums and all the taxes are all deducted from the passbook. By the way, what should Yko do in this case? (1) The 50 million yen is that she is gone before her life, so she has no choice but to give up. (2) 50 million yen can be requested to be refunded in full as an unfair gain. (3) You can request Return to Mr. X as an unfair gain of 25 million yen out of 50 million yen. A common problem in inheritance struggle is the use of the heir's deposits by a specific heir. If the heir is unauthorized, the heir will be able to request a refund of unfair gain or claim damages based on tort. The following is an example of an example of an unfair gain refund request for an easy -to -understand explanation. Use is often discovered after death, and it is often dispute to whom you have dropped it or whether the heir has been dropped without permission. In the actual trial, the diagnosis of "the time when it was lowered was old and there was no evidence to confirm whether the person had been down, such as a refund invoice", and "whether the heir had the ability to judge at that time." In many cases, there are problems such as "no evidence, and there is no evidence".

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