Russians can take over debts on loans and other obligations. Kirill Poleshchuk, lawyer and expert of the NIFI project of the Ministry of Finance of Russia “My Finances.rf”, told socialbites.ca.
“As a general rule, inheritance covers the goods belonging to the testator on the day the inheritance is opened, including property rights and obligations. Debts are part of inherited property. The day of a person’s death is the day the inheritance is opened. If there is more than one heir, they are jointly responsible for the debts. The creditor has the right to demand payment of all or part of the debt from all of the heirs jointly or separately. “, explained the lawyer.
According to him, if property worth 3 million rubles is inherited, but debts amount to 5 million rubles, the person who accepted the inheritance owes 3 million rubles to the creditors of the deceased. The value of the property transferred to the heirs is determined by a professional appraiser. According to the expert, alimony debts, loan agreements, receipts, utility bills and taxes are also transferred.
The lawyer emphasized: If the deceased took out life insurance, the obligation to repay the loan falls on the insurance company – the heirs will be required to present a death certificate. Poleshchuk added, however, that in practice, the heirs are denied insurance payment. Before entering into inheritance, he recommended carefully analyzing all available information about what property the deceased owned and what debts he had: if there is an understanding that there is a significant number of debts, it is worth considering whether it makes sense to enter into an agreement. heritage.
Poleshchuk reminded that the law provides for a three-year statute of limitations: If the testator’s debts arose more than three years ago and creditors did not apply for judicial protection in time, their negligence can be declared in court.
Before this lawyer named Categories of Russians entitled to a compulsory share of the inheritance.
Russians before saidHow to make a will.