CrimeaPRESS reports:
The debts of the deceased upon entering into an inheritance: what debts pass to the heirs, is it all, in what amount? Is it possible to enter into an inheritance, but refuse debts? What if there are several heirs, how then are the debts divided? How to protect yourself in such a situation so that you do not have to pay debts for the deceased?
IN the composition of the inheritance includes things belonging to the testator on the day of the opening of the inheritance, other property, including property rights and obligations.
The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, in particular the right to alimony, the right to compensation for harm caused to the life or health of a citizen, as well as rights and obligations, the transfer of which by inheritance is not allowed by the Civil Code of the Russian Federation or others. laws. Also, personal non-property rights and other intangible benefits are not included in the inheritance.
It is important to understand that acceptance of an inheritance under condition or with reservations — not allowedTimo and Nheirs who have accepted the inheritance shall be jointly and severally liable for the debts of the testator.
This means that by accepting an inheritance, you also accept the debts of the deceased, but accepting an inheritance in some part is unacceptable. Therefore, accepting an apartment, for example, and giving up debts will not work. However, the heir is responsible for the debts of the testator only in the amount of the value of the inherited property. That is, if you inherited the apartment of the deceased, for example, worth 8 million, and the debts amount to 10 million, then the apartment will be sold — the debt has been paid. The remaining 2 million cannot be repaid from your property. Debts are repaid only to the extent of the value of the inherited property. If there are several heirs, then they inherit the property in shares, but in this case they will receive debts in similar shares.
It should also be clarified that the creditors of the testator have the right to present their claims to the heirs who have accepted the inheritance within the limitation periods established for the relevant claims. When claims are presented by the creditors of the testator, the limitation period established for the relevant claims is not subject to interruption, suspension and restoration.
source: Notary Chamber of the city of Sevastopol
News of the Crimea | CrimeaPRESS
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