Receiving an inheritance can have its complications. Accepting it or not without previously thinking about the legal intricacies that there may be can be a slab for the future. Especially, in the event of debts that the deceased may have.
And how can this risk be avoided, which can lead to the seizure of the legacy? The experts recommend ruling out the acceptance of the inheritance in a pure and simple way, which forces the heirs to assume both the rights and the obligations that the inheritance entails, among them, the debts acquired by the deceased with his creditors.
If the debts are very high, the beneficiaries can see their inheritance greatly diminished, even seized. And in the most extreme cases they must face the debts with their own assets and without limitation.
To avoid these risks, especially if the future heir does not fully know the economic situation of the deceased and has doubts about the content of the inheritance, the best way to accept it is for the benefit of inventory.
In this case, the heir is only liable for debts with the assets received in the legacy and not with his own. This figure, which, as the experts comment, “is very practical”, is rarely used due to ignorance.
In addition, after the entry into force of the Voluntary Jurisdiction Law, the acceptance of the inheritance for the benefit of inventory is only done before a notary, so it no longer requires going to legal proceedings assisted by a solicitor.
This formula is the only one that allows you to avoid inheriting debts and suffering the seizure of the inheritance, since it separates the assets of the heir from the hereditary assets, allowing you to respond to the debts of the deceased with the inherited assets and only up to the amount you receive from the inheritance. .
The most comfortable way to protect the assets of the heirs in an inheritance is to have the external advice of a legal professional. An expert inheritance lawyer can find out if there are debts or guarantees signed previously, the amount of these and the amount pending to be cancelled. It is a solution that can be interesting for the person who inherits.
However, another option that usually applies in cases where the debts are greater than the assets of the inheritance is the resignation of the same. To reach this solution, it is very important to do a preliminary analytical task on the assets and rights that are part of the inheritance, to find out what the existing debts are, how much they amount and what type they are.
One of the ways to do this is to request a risk report from the Bank of Spain. It is a process that is not difficult at all and that is done free of charge. With it, it will be fully known if there is any type of debt with the bank.
In the same way, it is essential to request information in the courts to find out if there is any procedure in progress in which the person who has died is part.
The procedure for seizure of an inheritance starts from the creditors of the deceased protected by a court order that establishes the seizure of assets or bank accounts belonging to the deceased.
They can directly sue the heirs and request the seizure of the assets and if they do not know who they are, they can find out through the Registry of Last Will Acts, requesting a certificate of last will to find out if there is a will and, later, request a copy to the notary.
In cases where the inheritance is lying, creditors may request that the partition not be made until they receive the amount of their credits. They can also accept the inheritance in the part that covers their credits.
