Heritage on Inheritance Debt List


An explicit refusal is salvation from inheritance debts

 
Increasingly, there are cases where problems of heirs with debts of their successors arise. Very often people do not know how to react when it turns out that they will not only get nothing, but they may actually have to pay foreign loans, loans, any other obligations. Recently, several cases have emerged, in which even children find themselves in this role. It is therefore not at all important to know the rules that can save him from many problematic situations. It is if he is in the role of heir or he is in the role of a legal representative of a minor, ie. per person up to 18 years of age.
 
If a person is 18 years of age and inherits, then the debt decision is relatively easy and clean in this case. If there is even the slightest doubt that there may be more debts than receivables, it is best to proceed to an explicit denial of inheritance. This is a legitimate opportunity for every successor to declare that he does not want anything from the inheritance, and thus, most rudely, to get rid of all the possible burdens and problems associated with him. In practice, denial of legacy is a unilateral will of the heir in order to terminate his right of inheritance. To do so, he must make a written statement to that effect to the district court in the area of ​​the inheritance. The law does not specify that this denial must have some notary form and does not even provide for a notary certification of signatures. Unlike, for example, a denial of ownership where such a certification is required. For greater certainty, however, it is always good to make such a validation in the case of the renunciation of inheritance. The very statement to the court is written in a special book. Under no circumstances is the consent of the other heirs to be valid for the refusal of any of them. At the same time, the part of the denial increases the shares of the other heirs. It is necessary to know that a denial made for a term or part of the inheritance is simply null and void. This means that once one denies it, then there is no going back. For example, an heir can not say that he renounces the inheritance if there are many obligations in it, or that he only gives up for one year, and so on.
 
It is important to know something else. According to Art. 56 of the HH, the creditors of the person who has renounced the estate may request the cancellation of the denial in their favor insofar as they can not be satisfied with the estate of the heir. This claim may be brought within one year of the discovery, but no later than three years after the refusal. Although difficult to realize, both as an opportunity and over time, this claim, risk and opportunity exist. This means that at some point, but not later than three years after the refusal, a creditor may appear to the deceased and ask to destroy that refusal so that he gets the due. However, his chances of success in court are not very large. Therefore, as a rule, the denial is a good option not to take on the potential or actual debts of the deceased.
 
A little more complicated is the situation with the heirs who are still minors. They have legal representatives who are usually parents, but they could be both grandparents and grandparents, other relatives, social. Article 130 of the Family Code states that parents manage the property of the child in his / her interests and with the care of a good steward. It is also noted that acts of disposition of immovable property, movable property through a formal transaction and with deposits, as well as with securities belonging to the child, are permitted with the permission of the district court at its current address if the disposition is contrary to the interest of the child. Or else, so far, it can be assumed that the parent can go to the district court and ask for permission to give up an inheritance on behalf of the child.
 
In Article 130, however, there is a fourth paragraph, which reads: "Donation, denial of rights, lending and securing of foreign obligations of a child under the age of minors are void." Here, too, the courts accept that the right to inheritance is among those rules, and although, for example, the child will receive nothing but thousands of leva credits, it assumes that neither the parent nor the court itself can authorize a denial. Something which, first, is not very correct, and secondly, there is clearly a need for an interpretation by the Supreme Court of Cassation or a legislative decision to explicitly entitle the child through the legal representative to be able to renounce an inheritance.
 
Many believe, however, that the decision in the case of minors is the acceptance of the inventory heritage. According to Art. 60, par. 2 of the Inheritance Act, "the heir who has accepted the inheritance according to an inventory is responsible only for the amount of the inheritance received". In practice, this means that he can not look for more than he has received.
 
Adoption by an inventory is also made before the district court


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Heritage on Inheritance Debt List Heritage on Inheritance Debt List