Inheritance is a surprise that can fall on your head quite unexpectedly. Therefore, it is important to accurately understand all those features that are inherent in the process of obtaining it. After all ignorance of laws does not exempt from liability. How should the heirs behave if they received property from the testator, and he, in turn, had debts? This will tell Art. 1175 of the Civil Code of the Russian Federation. It considers all the issues and nuances associated with the responsibility of the heirs for the debts of the testator. What is said here? This remains to be learned further. The question is really complicated. In particular, due to the fact that the nuances of this or that matter play a huge role!
Part one
Part 1, Art. 1175 of the Civil Code of the Russian Federation indicates that all heirs are jointly and severally liable for the debts of the testator. That is, those who have accepted the property will be liable for debts. In this case, the creditor has the full right to demand payments either from a specific owner, or from all at once. Size can also be set at the discretion of the citizen. More precisely, the lender. He has the right to partially or fully demand from the heirs (or the heir) the repayment of the debt. Moreover, it is important to understand the following: according to paragraph 1 of Art. 1175 of the Civil Code of the Russian Federation, those who accepted the property will be burdened with obligations until the debts of the testator are fully paid off.
Through one
Another very important point is the transmission inheritance. This practice is not too common, but it does occur. The thing is that in this situation it turns out a very serious, sometimes even confusing picture.
If the heir transfers the property in the manner of transmission, he will be liable for the debts of the testator to whom this property belonged. Moreover, in the amount of the full cost thereof. And nothing more. But according to the debt of the testator, from which the property was transferred, no. In other words, if you believe the information from Art. 1175 of the Civil Code of the Russian Federation, when transferring debts, they seem to go “through one”. We need to consider this as an example, so that it is more clear what is at stake. In judicial practice, such debates are not too frequent, but they do take place. Citizens should know how to once again protect themselves and their rights!
Transmission Example
Suppose a family lives in which at the moment there is: a grandmother, a father, an adult son. Dad dies before his mother. And only grandmother and grandson remain. The old woman also died suddenly. In the end, no one had time to enter into the inheritance. And the only heir is now the grandson.
In the order of transmission, he receives property from his grandmother (by law), and in the usual way - from his father (but he was not there). In this case, the young man will be liable for the debts of the old woman. But the debt of his father will not concern him. Creditors in this case do not have any rights to claim paternal debt from their son. You can go to court in this situation. Here is such an interesting judicial practice. Art. 1175 of the Civil Code of the Russian Federation indicates precisely this principle of distribution of responsibility in transmission inheritance. Do not be afraid to protect your rights!
Lender Actions
This is not all the features of our current issue. In h. 3 Article. 1175 of the Civil Code of the Russian Federation, the algorithm of actions of creditors under certain circumstances is specified. Not always, and not at any moment, you can start to “shake” the heirs with knocking out money from them.The law establishes special limitation periods. And only within these limits the creditor will have the right to submit claims and requests for payments for the testator. If the limitation period is missed, the heirs have every right to ignore the claims. That is, all responsibility is removed from them. Even in court, it is almost impossible for a creditor to regain his right to receive a debt. Keep this in mind.
Before opening
Also Art. 1175 of the Civil Code of the Russian Federation (“Responsibility of heirs for the debts of the testator”) indicates the possibility of handling claims for the return of funds by creditors even before the opening of the inheritance. Also not too common practice. How to act in this case?
It is indicated that the creditor must present all its claims directly to the executor of the will. As an alternative approach - to hereditary property. If claims are made specifically to property, then the court usually suspends the case before people receive the inheritance. Or until the thing or property is transferred to the municipalities or the subject of Russia. Then all the proceedings will already be held with each citizen (organization) who has inherited part of the borrower's property. It has already been said: it is to them that creditors should make their claims. Please note - if claims have already been made, and within the statutory limitation period, no one has the right to terminate, cancel or restore. Except as previously indicated. But these are legal actions.
Joint inheritance and features
More specific information regarding our current issue is provided to citizens by art. 1175 of the Civil Code of the Russian Federation with comments. She clarifies some of the features not considered to the text earlier. For example, how to behave with joint inheritance. You can say direct. From the testator to the heir by law, without features. Or by will.
It has already been said that in this case the creditor has the right to demand repayment of the debt either from one recipient or from all. And it is he who determines the amount of reimbursable cash (in shares). This is understandable so far. But what if you were not the only heir, but you repaid the debt yourself?
In this case, the right to appeal to the court passes to you. Regressively, under such circumstances, you can demand reimbursement of money previously paid to you in certain shares from each heir. Another feature: with joint inheritance, citizens have several ways to terminate debt obligations. The first situation has already been named - it is the repayment of the debt in full. And the second is less common - if the value of the property is less than the amount owed. The heirs with their property are not liable for the debts of the testator.
Transmission and solidarity
Part 2 of Article 1175 of the Civil Code states that citizens can receive property in the form of transmission. And wherein joint and several liability they will not be. Do not rejoice. After all, the comments indicate: other heirs have every right to demand joint responsibility along with them in relation to the original testator.
True, this also has its own characteristics. It all depends on to whom the creditor filed a claim. If to all, then the transmisser is not able to participate in the repayment of debts in one way or another. But when only to one heir - easily. Just keep in mind: the rule applies to situations in which debts have not been fully repaid. In such circumstances, the transmission will repay the remainder of the debt.
Statutes of limitations
Also, one should not forget about such an important point as the limitation period for presenting claims to the heirs for the debts of the borrower-testator. Appeal to the court after this period of time will not produce any results.Now the laws set a period of 3 years. That is, from the moment of opening the inheritance, the creditor will have 36 months in order to apply to the judicial authorities with claims for debt compensation. And nothing more.
By the way, the presence of heirs is not a guarantee that these citizens will be held accountable to creditors. After all, they can refuse property. In this case, the property will be transferred to the state (municipalities or cities of federal significance). In principle, these are all important points that art. 1175 of the Civil Code of the Russian Federation. From now on, the responsibility of the heirs for debts held by the testator is understandable.