Know everything about a relative: notaries will be required to warn heirs about debts
CrimeaPRESS reports:
The Russian government reports «Russian newspaper», supported a bill requiring notaries to notify about the debts of the deceased to banks. A corresponding initiative is currently being considered in the State Duma.
A well-known legal fact: debts are inherited. But there are nuances. First: if you refuse the inheritance, then there will be no debts. Second: the amount of debt cannot exceed the amount of the inheritance. Let’s say a person inherited a million. This means that no one has the right to demand more from him. However, when the debts are really huge, then it may be easier not to enter into an inheritance at all. Then you won’t have to waste time on legal formalities, money on lawyers, nerves on everything else.
The bill assumes that the notary will be obliged to make inquiries about the deceased at the credit history bureau within three days after the opening of the inheritance case.
If debts are discovered, the heirs will need to be informed in writing.
Currently, the current legislation does not define the procedure for informing heirs about the testator’s credit debts,” the project developers emphasize.
Therefore, according to them, in practice situations often occur when the heirs find out about their problems after the fact, when people from the bank come to them. And it’s too late to change anything. If the proposed standards are adopted, unpleasant information will be communicated to the person in a timely manner.
Chairman of the Board of the Russian Lawyers’ Association Vladimir Gruzdev emphasized that the project is aimed at protecting the rights of citizens and is of a clearly social nature.
Establishing the obligation of a notary to inform the heirs about the debts of the testator will help ensure the rights of the heirs to receive complete and reliable information about the inheritance being accepted and will help them to make a timely informed conclusion about accepting the inheritance or refusing the inheritanceemphasizes the Chairman of the Board of the Ajur.
However, the issue of electronic interaction between notaries and credit history bureaus is currently not resolved.
In order to ensure the possibility of notaries sending requests and receiving information from credit history bureaus through electronic document management, it is necessary to establish a procedure for interaction between notaries and credit history bureausnotes Vladimir Gruzdev.
In turn, government experts noted that the bill does not resolve the issue of notifying heirs about the presence of debts not to banks. But such debts can also exist, which means it would be worthwhile to provide a mechanism for reporting such debts. True, this raises the question of how one could find out about such debts: they are not reflected in the credit history bureau.
The Russian government supported the project, subject to its modification taking into account these comments.
As Nikita Filippov, vice-president of the Guild of Russian Lawyers and head of the De Jure Lawyers Bureau, says, you can refuse the inheritance as a whole — both inherited debts and inheritance rights.
But you cannot give up debts and take on only assets, — he emphasizes.
The heir cannot say, “I’m taking the car and the apartment, but I’m giving up the garden and debts.” No, in this case it’s either all or nothing.
However, there are nuances here, continues Nikita Filippov. — For example, if you are the only heir to an apartment and continue to live in it, this will mean that you have actually accepted this inheritance. This means that creditors will have the right to demand that you repay the testator’s debts within the limits of the cost of this apartment.
The Federal Notary Chamber emphasized that inheritance law is the traditional competence of the notary, who takes all measures provided by law to protect the rights of participants in inheritance legal relations. The notary examines the composition of the estate, establishes the circle of heirs, checks the presence of a will, calculates the shares, takes measures to protect the inherited property and, in general, does everything to ensure that the rights and interests of the heirs are protected equally.
As part of an inheritance case, a notary carries out unique research, auditing and consulting work, prevents potential disputes between heirs, and protects the rights of each of themsays FNP President Konstantin Korsik.
A certificate of the right to inheritance issued as a result of a legal examination by a notary is a reliable and public recognition of both the ownership of the inherited property by the testator and the legality of the transfer of this property to the heirs.
source: «Russian newspaper»
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