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Business / Finance

Toxic legacy: how to give it up

Banki.ru: themes of the day 21.02.2019 at 21:04

Banking and financial news on the website Banki.ru

Continuing the series of articles about the intricacies of inheritance, Banks.ru says that in some cases of inheritance should be abandoned and how to do it.

In June last year we published a story about a woman who wisely refused from the inheritance of her husband and thus saved themselves from liability on his loan. Daughter who one joined in succession, with half the apartments have also inherited his father's half million loan. Will explain how to do so, to not answer other people's debts.

to Reduce the debit with the credit

not everyone knows that the heir of the debtor, subject to the acceptance of the inheritance, he becomes a debtor and is liable to the creditor. The good news is that he answers only to the value passed to him the hereditary property. In other words, before the adoption of the inheritance it is necessary to do some investigating and find out what is included in the succession mass, are there any encumbrances on the available from a deceased estate. And if he had other obligations to legal and physical persons (including arrears for utility services or for membership dues in the garden partnership — they, alas, are inherited with the property). What steps need to be taken to find out all this, Banks.ru partially told in the previous article.

In addition, it is recommended to check whether the inherited property as collateral. All movable property, such as a car, you can check the register of mortgage property, real estate in the Unified state register of rights to immovable property and transactions with it (EGRP). All transactions, including the transfer of property in pledge at the conclusion of the mortgage transaction are recorded in the register or at the request of the parties to the contract, the notary assures the transaction ( Chapter 4 of the Federal law as of 16.07.1998 № 102-FZ "On mortgage (pledge of real estate)" (law No. 102), and in accordance with article 29 of the Federal law of 21.07.1997 № 122-FZ "On state registration of rights to immovable property and transactions with it" (FZ No. 122)).

it is Also highly recommended to check whether the existing enforcement proceedings in respect of the testator. If they are, then your inheritance might melt away like smoke when the marshals get to his property. This applies to Bank accounts, movable and immovable property. The presence of enforcement proceedings can be checked on the website of the Federal bailiff service. It is sufficient to specify only the name, surname, patronymic, date of birth and city of residence.

the Inviolable property

so, you decided that you owed no inheritance better to do. How to abandon it? In accordance with paragraph 2 of article 1157 of the Civil code of the Russian Federation refusal of succession must be made within six months from the date of the testator's death and only by a notary, submitting an application to the notary (or the person acting as a notary) at the place of opening inheritance cases under paragraph 1 of article 1159 of the civil code.

"In the case of finding an heir in another region of the letter of refusal from acceptance of inheritance can be served by mail or via a representative. However, this statement must be notarized. To apply for a certificate possible to any notary, regardless of its location, including at the place of residence of the successor (item 2 of article 1159 of the Civil code of the Russian Federation)", — says head of Department control quality of NYUS "Emulex" Nurida Ibragimov.

There is also a more simple version of non-acceptance of the inheritance, can not Express themselves in the framework of hereditary cases as the heir, not to declare the accession to inheritance rights. But in such situation, you must not do anything that could qualify as actions according to actual acceptance of the inheritance (article 1153 of the civil code).

If you're going to ignore a potential inheritance, you must not be registered together with the testator, to dispose of the belongings of the deceased, to pay his utilities and property taxes, to live in the apartment of the deceased, to protect it from encroachments of the third parties, etc. If you make any of the above, then you will be heir and to answer including the debts of the deceased.

All of the above applies to the heirs as required by law and by will. And included in the will, and heirs at law give up their rights or do not accept the inheritance in the same order. Having a will does not obligate to anything listed there.

If a will made on all the property of the testator in favor of someone else, do not need to perform any action, since it is not specified in the will and make him nothing. For example, the son from his first marriage, making no claim to the property of a deceased father, who bequeathed to the child from the second marriage, you should not worry.

If a will is composed of only a portion of the property (e.g. an apartment) and it is taken by the heir specified in the will (for example, the eldest daughter), and the remaining property (e.g. country house) remains nezavisimym, it becomes part of the hereditary mass, owed to the heirs at law. In this case, you can either write a notarized waiver, or not to take any action, as in the case when there is no will.

If the heir is underage

a risky option — to accept the inheritance, if there is a minor heir, for whom his guardian refused to join in the rights, or if such heir is simply not told of their rights.

of Course, failures of a minor case is quite rare, because this requires the consent of bodies of guardianship and guardianship — such transactions can be made only with their consent. While the guardianship still need to be convinced of the necessity of such a step. The only reasonable argument can be the presence of the testator's debts, at a cost in excess of the succession mass. But in this case, perhaps other relatives should think about failure: why inheriting debts and problems?

In any event waived its rights or not has manifested itself in the minor heir creates additional risks. "Upon reaching adulthood the child will have the opportunity to restore the deadline for acceptance of inheritance and to receive him in court because he had a good reason for missing the term for acceptance of inheritance — non-legal representatives duty to protect his rights — warns Nurida Ibragimov. Accordingly, if any property of the estates still remain to this moment, it will be distributed to the heir, and compensation of lost value will be recovered in monetary terms from the person who accepted the inheritance in the past."

in Other words, before you rejoice in the inheritance and accept it, you need to think a hundred times and try to figure out what you prepared for.

Pauline PARKER, for Banki.ru

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