Spadek z długami – przyjąć czy odrzucić?

Falling with debts can be a serious problem for the heir. At the same time, it is more and more common to encounter situations in which debts are burdened with various types of debts.

Asking the general question whether or not such a decline should be rejected, or whether we can unfortunately accept an unambiguous answer.

Amendments to the legal provisions regarding inheritance have introduced much greater protection for heirs. Inheritance with the benefit of inventory is automatic. This limits the heir’s liability for debt only to the amount of the inheritance.

However, in specific cases, long heirs may cause heirs many problems. It is important for this reason to get information if the inheritance is long. It is worth, whenever possible, to thoroughly check any documents that remained after the testator. Very often, you can get information about even loans taken or loans that have not been repaid by the heir. If it is possible, it is also worth trying to get information from neighbors or friends of the testator or he did not leave any debts, financial obligations. The more information you have, the easier it is to avoid unforeseen situations.

Inventory list

Inventory list

It is not always possible to obtain information on yourself whether debts are in debt. Even reviewing documents left by the testator does not always allow you to find out if the pregnancy is long. It is worth deciding to apply to the courts for the implementation of the so-called inventory. Executed by the bailiff of documents becomes then proof of good will of the heir concerning taking all possible steps to obtain knowledge about the existence of debt.

Real estate mortgage

Real estate mortgage

One of the most unfavorable situations is when the property in which the mortgage is established is inherited. Mortgage debt is covered by the Land and Mortgage Register Act. Unfortunately, this causes a situation in which the heir is responsible for such debt in an unlimited way. The creditor can therefore recover debts from the mortgaged property regardless of how the heir accepted the inheritance. Thus, both in accepting the inheritance as a whole and taking the inheritance with the benefit of the inventory, the heir is responsible for the mortgage debt in an unlimited manner. When the debt belongs to the bank, he can take over the property on which the mortgage is established. If you do not want to deal with mortgage debts in decline, the best solution is to reject the inheritance.

Rejection of inheritance

The rejection of the estate is worth deciding when the drop consists only of debts and does not contain any assets. It is also worth taking into account that when inheriting a legacy with debts that are of a financial nature, the creditor may claim repayment of debt not only from inherited property. Admittedly, the debts correspond only to the value of the inheritance with the benefit of the inventory, but the creditor may demand repayment of the debt up to the value of the estate’s inheritance.

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