Do debts pass by inheritance? A topic that interests everyone who has received an inheritance or is engaged in its design. Indeed, in this case, instead of new benefits, the heir will gain additional difficulties. What does the law say, what is the practice of its application by the courts?
Normative regulation
In the Civil Code, a whole section is devoted to the regulation of inheritance. A number of articles indicate how to transfer hereditary property. Firstly, the recipients have the right not to accept it or directly refuse it. Secondly, the law shares the rights and duties that pass and which cease to exist.
Explanations of the Plenum of the RF Armed Forces on the application of the rules on inheritance were adopted. They are general in nature. The opinion on certain aspects of decision-making on these issues in specific cases is periodically published.
Despite the fairly clear provisions of the law and the proven practice of applying the law, questions remain, for example, do debts pass by inheritance?
What is inherited
Do debts pass by inheritance? It depends on whether the person agreed to accept the inheritance or not. If so, he should know that, in addition to property, which includes material goods and non-property assets that can generate income, he also acquires debts and other obligations. The law establishes that both rights and obligations are closely linked. You cannot refuse one part of the inheritance and accept another part of it.
Who gets how much
Are debts transferred to all acquirers? According to the Civil Code, debts are distributed in proportion to the share of property received. The plaintiff has a choice to which of the heirs to file a lawsuit. If one of them has fully paid the corresponding debt at his own expense, he has the right to demand compensation from other heirs.
Obligations are assigned to the heirs in the framework of the property received by them. For example, property was received for 500 thousand, and debts from the testator for 1 million. In this case, liabilities to creditors are exactly 500 thousand. The remaining amount “burns out”. Claims of the bank and other creditors that exceed the value of the property in the courts are declared unacceptable.
Ways to accept an inheritance
It does not matter whether an inheritance or a will is accepted by law. This is a form of expression of will and does not affect the amount of debt. In addition, the law provides that property can be taken in fact, without paperwork. For example, the heir began to use things and property, to pay for its contents, without issuing any papers. The interested party has the right to file a claim for recognition of the fact of acceptance of the inheritance.
Someone takes a slightly different path: they submit an application to a notary, but this does not go beyond issuing a certificate of inheritance. On the one hand, property is fixed, and on the other, information about it is not entered into the register.
However, the bailiff has the right to register property rights without the participation of the owner. And in the law and explanations the occurrence of the right of ownership is noted from the moment the inheritance is accepted, the fact of state registration does not matter.
Relatives
The law speaks of relatives as potential heirs. Inheritance lines are built specifically on the relationship of family ties. And a reasonable question arises: are the debts inherited by relatives? A debt affects a relative only if he accepts the inheritance or takes appropriate action.And the answer to the question depends, first of all, on the actions of the person himself. The exception is a conceived, unborn child. Until the end of pregnancy, the inheritance section is delayed.
Features of the implementation of children's rights
Do children inherit debts? They, along with adults, acquire property rights and obligations. The law imposes restrictions on their independence by appointing a legal representative. They are parents or other persons designated by guardianship authorities. Whoever represents the interests of the child, the law obliges them to ask for permission to take actions that reduce the amount of property.
In particular, to commit a waiver of inheritance. If representatives of guardianship authorities refused permission not to accept the inheritance on behalf of the child, the parent, guardian or trustee must file an application for acceptance with the notary.
Consent for additional permission is not required. Regardless of the amount of debt, the size of the potential claims will not affect the property of the child in his possession until the opening of the inheritance.
Do children pass debts? Yes. In this case, the legal representative must take care of the property interests of the child, paying off debts, using current income. If the claims are unfounded and unfair - file lawsuits in courts.
The refusal of the legal representative to act in favor of the child gives the right to employees of guardianship authorities and prosecutors to take countermeasures.
Alimony Debt
The father of the child or ex-husband, in the cases described in the law, is obliged to pay maintenance by court order or according to the contract. The law stipulates that child support is classified as personal obligations related to the identity of the deceased person. Death terminates their effect. Do child support debts pass by inheritance? One caveat remains - the termination of obligations does not give the right to evade the payment of debt. That is, if debts formed at the time of leaving life, they are paid at the expense of property. To cover it in full, it is advisable to file a lawsuit against all the heirs, if there are several, and there is not enough share of one. The amount of debt includes payments and accrued interest.
The position is based on the opinion of the Armed Forces of the Russian Federation, expressed in a number of decisions. Gradually, it is perceived by lower courts.
Credit debts
Obligations arising in connection with a loan are not considered to be closely related to the testator. The law does not stop them, and its successors are required to comply with them. They are not required to fulfill them ahead of schedule. The heir simply replaces the testator.
Amounts are calculated on the basis of accruals made before the day of death (interest and interest for 6 months after death are not charged).
Banks demand to pay the debt from everyone who got the property, and the defendants should pay attention: no one is safe from illegal actions of a credit organization.
Subtleties with a mortgage. Documents from a notary public are the basis for amending the mortgage agreement and the mortgage, if it was issued. A bank cannot refuse a transaction with a new debtor because of its low solvency or other reasons for which a mortgage is usually refused.
At the same time, if the mortgage is registered through participation in one of the state programs, the provision of state assistance may cease. An exception is, for example, a participant who participated in a program with a spouse.
Do inheritance loan debts always transfer? Not. The conclusion of an agreement with the bank implies the right to receive insurance in case of the death of the debtor. If he subsequently dies, debts to the bank are already paid off by the insurance company, while the apartment remains the property of the heirs.
Another way to reduce mortgage losses is to sell the property to a third party under the control of the bank and share the profit from the transaction with it.
Obligations to the Federal Tax Service
Are inheritance tax debts transferred? The answer, as in the case of child support, is positive, but only in part. A general rule is to terminate tax liabilities after death. The law spells out exceptions for transport, land taxes and property taxes and trade fees. Along with tax, obligations to pay contributions to insurance funds are terminated.
The law does not establish differences for the heirs of a citizen who had the status of an individual entrepreneur and did not have one.
Statutes of limitations
Claims of a property nature are permitted at any time. Skipping the statute of limitations is important if the defendant stated it during the trial. For all debts, the Civil Code established a period of 3 years; a similar rule applies in tax legislation.
Procedure for protecting creditor rights
Legislation and clarifications of the Supreme Court give the right to apply to the court to the estate, until the deadline for accepting the inheritance has expired and it is not clear who will accept it. The notary acts as a third party. The court suspends the consideration of the dispute until heirs are revealed.
If the inheritance is registered, the creditor has the right to file a lawsuit directly against the heirs.
The first option is interesting for the plaintiff in that only a notary public has the right to provide information about the applications of the heirs or the refusal of potential heirs of their rights. For all other persons, this information is confidential.
There are cases during which the plaintiff or defendant dies. Then the judge postpones the continuation of the process until the heirs are identified and their rights are declared.
Executive production
If you enter into an inheritance, do debts pass at the stage of execution of court decisions? Debts are inherited. Other obligations: payment of alimony, compensation for harm to life and health cease to be valid. The bailiff has the right to send documents to the court to terminate the enforcement proceedings. We must not forget that enforcement proceedings are part of the judicial process - its final part.
How to deal with a issued writ of execution if the debtor died before the bailiff opened the proceedings? The same rules apply as after opening.
Finally
Do debts pass upon entry into the inheritance? Yes. At the same time, the law limits creditors in claims to the amount received by the heirs of property. The amount of debt is limited to payments, interest and interest accumulated at the time of death.
The law provides for some features when filing claims until the heir is identified. Some lawyers believe that it is easier to go to court after 6 months, when there is some certainty.