Inheriting debts when getting inheritance can lead to many difficulties. Changes in inheritance law that were made two years ago increase the protection of heirs. The new regulations introduced the principle according to which, when the heir does not reject or not accept the inheritance within 3 months, then the inheritance is inherited with the benefit of the inventory.
Debts are not inherited above the value of the inherited legacy
However, still for the debts of inheritance also corresponds with the entire estate.
If you do not want to have any problems with creditors when accepting a drop in debt, the best solution is to reject the inheritance. This is a solution that is beneficial to those who know that the taken-down decrease is connected with taking over debts. When you are unsure if the heir was long then the solution may be to order a private inventory list.
Inheritance of inheritance with the benefit of inventory
The new regulations protect the heirs from liability for all inheritance debts for the entire estate and above the value of the inheritance. Such limited liability to the amount of the active state of the inheritance means that the debt will be limited in value to the amount of the assets in the inheritance.
Unfortunately, you have to take into account that the creditor can demand repayment of the debt from the entire property of the heir. The creditor can therefore demand, for example, the repayment of property in cash from the heir, even though the heir did not inherit the cash inheritance. This can happen, for example, when the heir inherits the property.
The creditor can demand repayment of debt and take actions to recover the debt from the entire property of the heir and not only from the inherited real estate. When the real estate is not made in a timely manner, then the debt can be collected from the proceeds or from bank accounts when the case goes to the bailiff after the court verdict.
Private inventory list
When inheriting a fall with the benefit of inventory, a good solution is definitely to perform the activities of preparing a private inventory list. This allows you to determine the state of active inheritance, which allows you to determine the limit of possible financial liability of the heir for debts that the decedent had.
The inventory can be determined both by a court bailiff and in the form of a private inventory. Such a census may be implemented by the heir, who then submits such inventory to the court or before a notary. The list should include inheritance debts, as well as their amount at the opening date of the estate, as well as items that belong to the inheritance.
Rejection of inheritance
If you do not want to have problems with taking over debts, then the best solution is to reject the inheritance within six months of becoming aware of the inheritance. This allows you to waive the inheritance and possible debts. If you have children, you must remember to reject the drop also on behalf of children, which is carried out in court.