Is someone else’s debt worth paying? Heirs will be warned about the debts of the deceased | Right | Society

Is someone else’s debt worth paying?  Heirs will be warned about the debts of the deceased |  Right |  Society

Over the past two years, Russian notaries have issued about 10 million certificates of inheritance. And very often, along with the inheritance, a person received long legal disputes and proceedings, since along with money and real estate, the debts of a deceased relative were also transferred to him. Moreover, notaries are not obliged to inform the recipient about the obligations of the testator, and therefore often do not do this. The State Duma in the first reading considered a bill on informing heirs about the credit obligations of the deceased testator.

Member of the State Duma Committee on Budget and Taxes Nikita Chaplin drew attention to several important aspects of the initiative under consideration. The first is to avoid unpredictable and unforeseen debt.

“Knowledge about the credit obligations of the deceased testator, provided to the heirs in a timely manner, allows them to avoid unexpected obligations that can later create serious financial problems. For example: a citizen was glad that he had inherited an apartment, but the apartment was under a mortgage. And the heir will pay the bank a monthly amount of money that may be beyond his means,” he said.

Secondly, the bill makes it possible to control and prevent cases of concealment of information about the debts of the testator and evasion of their repayment, the deputy added.

“This is important to maintain public justice, prevent fraud and avoidance of obligations to creditors. Knowledge of the testator’s debt obligations helps heirs make informed decisions regarding acceptance or rejection of the inheritance. This makes it possible to find alternative ways to manage the inheritance, such as debt restructuring or liquidation of assets, in order to avoid additional financial burdens,” the deputy concluded.

You need to understand that not all debts are inherited and not in full. Potential future payers will also have to be warned about this. Thus, the heirs are liable for debts “within the value of the transferred property,” explained lawyer Nikolai Vladimirov.

“That is, if, for example, the debt on consumer loans from banks and microfinance organizations is 2 million rubles, and the cost of the car that is being inherited is 1 million rubles, then the heir may be required to pay debts only within 1 million rubles.” , he said.

In addition, the liability may be eliminated if the deceased took out life insurance. In this case, the obligation to repay, for example, a mortgage, falls on the insurance company, the expert explained. However, there are also nuances here – payment and coverage of the debt may be refused if the death did not occur due to an insured event.

Alimony is also not subject to payment for inheritance debt, except in cases where a debt has already arisen for it by the time of the payer’s death. You will still need to pay it, but you will not have to support the recipient of the payments in the future. Debts for utilities and taxes will also be covered by the heir.

“But this is only if the tax receipts arrived during your lifetime and were not paid on time. What was accrued and received from the Federal Tax Service after death can be left, as well as car fines. No one is obliged to pay for other people’s violations,” the lawyer explained.

It is important to understand that if you do not enter into an inheritance, then you will not have to answer for the debts of a deceased relative, Vladimirov added. At the same time, one cannot enter into an inheritance partially, he explained.

“For example, you cannot inherit a car for which there are no debts, but you cannot give up an apartment that was taken out with a mortgage. According to the law, the heir has the right to refuse the inheritance, and therefore the debts of the deceased, but only from the inheritance in full,” he concluded.


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