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| What is a Spousal Right of Residence? |
| Traditionally, under the Japanese laws, if a surviving spouse succeeded to ownership of a home after the death of his/her spouse at which he/she had resided for many years, as that ownership counted towards the surviving spouse's share of his/her inheritance, the surviving spouse was unable to inherit other assets including bank accounts, etc., which at times, led to financial hardship after the death of his/her spouse. Moreover, in the event that a child inherited the parents' home wherein the surviving spouse had resided with the deceased spouse, the surviving spouse faced financial hardship should he/she was not able to continue to live there. In order to address these issues, the amended Civil Code took effect in April 2020, whereby the Short-Term Spousal Right of Residence and the Long-Term Spousal Right of Residence were implemented for the purpose of protecting the livelihood of the surviving spouse. |
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| Under the Short-Term Spousal Right of Residence, the surviving spouse is guaranteed the right to reside in the couple’s home for a minimum of 6 “six” months. |
| The Spousal Short-Term Right of Residence grants the surviving spouse the right to live in the home in question, free of charge, for a period of 6 “six” months until an Agreement on Division of Inheritance is concluded, or until the date 6 “six” months after the commencement of the inheritance process, whichever is later. By way of this system, the surviving spouse no longer has to lose the couple’s home for at least 6 “six” months. |
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| Under the Spousal Right of Residence, long-term residence in the couple’s home is permitted. |
| The Spousal Right of Residence allows the surviving spouse to continue to live in the couple’s home. Through a will or an Agreement on Division of Inheritance, the surviving spouse is able to continue to reside at his/her previous address, free of charge. However, for this law to apply, the spouse must have resided in the couple’s home at the time of commencement of the inheritance process. |
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| Disadvantages of the Spousal Right of Residence |
| The Spousal Right of Residence does have several disadvantages. For example, since this right is intended to protect the surviving spouse's livelihood, a sale of or transfer thereof to a third party is not permitted. Additionally, it is important to note that the Spousal Right of Residence is considered part of the estate and is therefore subject to inheritance tax. While it is not strictly required to record the Spousal Right of Residence, it is important to note that it might need to be recorded in the event that it becomes necessary to enforce the right against third parties. |
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| Conclusion |
| Because a surviving spouse might not be able to inherit much of the estate after the death of his/her spouse, or might face financial hardship due to inheritance tax and other factors, it is important to be aware of the application of Japanese laws, including those related to the Spousal Right of Residence described above. |
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| I started a podcast for the Hongo Law Office, LLLC! |
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I started a podcast for the Hongo Law Office, LLLC!
While I will mainly discuss estate planning/administration issues by myself each month, I also welcome guests on my podcast. I am now inviting anyone to be on my show. Please email me at yuka.hongo12@gmail.com if any of you might be interested in appearing as a guest on my show!
In this 18th episode, our guest is Mr.Koji Yamazaki, a Japanese tax accountant specializing in international taxation and international inheritance matters.
Mr. Yamazaki works in the International Business Division of the AGS Group, supporting clients with inheritance and tax matters involving overseas assets or international connections. In this episode, he explains the increasingly important topic of international inheritance, including the differences between the Japanese and American inheritance systems and key points to be aware of when holding assets overseas.
We also discuss the probate system, which plays an important role in estate administration procedures in the United States, and explore why cross-border inheritance matters can become complicated. As overseas investment and international living become more common, this is an episode filled with valuable information that everyone should know.
In addition, Mr. Yamazaki shares stories about his love of music and playing the piano, his experiences traveling abroad, and what he enjoys about Hawaii. This episode offers not only practical insights into inheritance and taxation, but also inspiration for building connections with the world beyond Japan. We hope you enjoy listening!
Episode Link |
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| Client Comments |
| "Lawyers in the U.S. can be difficult to talk to at times, but I think people find it easy to talk to Ms. Hongo. I also like the fact that Ms. Hongo follows up with her clients on a timely basis." |
| Sachiko Trillo, Honolulu |
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| "Hongo Tsuji Tax & Consulting, our accounting firm, introduced me to Ms. Hongo. I consulted her with regards to estate planning, and I appreciated the fact that she took care of our documents in a timely manner." |
| K.A., Tokyo |
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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." |
| Mitsuko Seto, Osaka |
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| "Ms. Hongo not only prepared my trust, but also took care of legal matters involving my company. Her fee is reasonable and she follows up with you in a timely manner." |
| S. Suzuki, Company Owner |
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| "Ms. Hongo took care of our matter in a kind manner. We liked the fact that her office was located in Waikiki, near our home." |
| Sugiyama, Waikiki |
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| "I became a successor to 2 condominiums that my wife owned in Hawaii, after my wife passed away. Ms. Hongo took care of our probate matter in a short timeframe of 1 year. We feel very grateful to her." |
| Shuichi Sakamoto, Nasu |
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| "Our clients were very satisfied with Ms. Hongo's service because she was able to explain matters such as probate in an easy-to-understand manner. Ms. Hongo is someone we can rely on for any matter." |
| Noboru Ohhashi, List Sotheby's, Tokyo |
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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." |
| K. Iwasaki, Honolulu |
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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." |
| S.T., Kawasaki |
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| "It was our long-term goal to prepare a trust for our family. We are now able to take the next step in our lives, as Ms. Hongo applied her proficient bilingual skills to efficiently take care of our matter. We are very grateful for what she did for us." |
| A.P., Honolulu |
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| Attorney Yuka Hongo has been included as an honored listee in Marquis Who's Who for 2024. Marquis has chronicled the lives of accomplished individuals and innovators since 1898. |
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| Hongo Law Office LLLC is proud to have been acknowledged as one of the "Best Probate Attorneys in Honolulu for 2026" by Expertise.com. |
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| Attorney Yuka Hongo has been named a 2026 Elite Lawyer in the area of Estate Planning in Hawaii. The award recognizes attorneys who have displayed a high level of competence in their practice. |
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| You're invited to call or email |
"If you have questions about estate planning and administration, 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 related to estate planning such as the preparation of Trusts, Wills, and the Transfer on Death Deed. She also provides services in the area of estate administration, including probate.
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. In 2022, Yuka graduated from Keio University (Tokyo, Japan) where she earned a Master of Laws Degree.
Court Admissions and Bar Memberships: Yuka is a member of the Hawaii, California, New York, Washington, and the District of Columbia Bar Associations. Yuka is a member of the Advisory Committee for the Hawaii Tax Institute Program.
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 the State of Hawaii. Also, Yuka is fully bilingual in Japanese and English and has in-depth legal work experience 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 in these two countries. In addition, she loves working with people from other multicultural backgrounds and working on international matters.
Educational Presentations: Yuka has presented seminars in Japan and in the U.S. relating to various estate planning/estate administration issues.
Residence & Interests: Yuka lives in Honolulu, Hawaii and is single. She enjoys scoping out new eateries and restaurants. |
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You can also connect with Yuka on LinkedIn, X and YouTube. |
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Yuka Hongo, Esq., Estate Planning/Administration Attorney
Hongo Law Office, LLLC
2155 Kalakaua Avenue, #410 • Honolulu, Hawaii 96815
Hawaii (808) 237-9944
yuka.hongo12@gmail.com • www.hongolaw.com |
| Yuka Hongo, Esq. is licensed to practice law in Hawaii, California, New York, Washington, and the District of Columbia |
| © Copyright 2025 by Yuka Hongo, Esq. All rights reserved. |
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