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What to do if you inherit debt?


Today, many hear about situations where the heirs are afraid to accept the inheritance because they do not know whether the deceased has incurred debts. There are also often people who are unaware that they can receive debt instead of assets. The question arises:

How to deal with the debts that we inherited from the testator?

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If we learn that we are heirs, it is worth thinking about what we can receive inheritance. Are we sure that the testator did not take a large loan from the bank? And if so, did he pay it back? When you learn about the inheritance, you have three options:

You can take the drop directly. This is risky because the heir will inherit all debts of the testator at this moment and is obliged to repay them.

You can accept the inheritance with the benefit of inventory – it is a good solution if you are not sure whether you will not receive the debt in the inheritance with the estate.

The last option is to reject the inheritance

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What if you take the inheritance outright, because you don’t expect any debts, and yet it turns out that the debt exists and in addition it exceeds the amount of property received in the inheritance (or the inheritance consists of the debt itself)? In this situation, you can make a statement about the rejection of the inheritance or the acceptance of the inheritance with the benefit of inventory.

However, you must remember that you have 6 months from the moment you accept the inheritance. After this period, you will most likely not be able to decline your inheritance.

The only way out of this situation is to prove that you made a declaration of acceptance of the inheritance under threat pressure or as a result of an error, or that you did not make a declaration of rejection of the inheritance or takeover of the inheritance with the benefit of inventory for the same reasons.

If you are not sure whether you will not get the debt along with the assets

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A good solution for you will be to make a declaration on accepting the inheritance with the benefit of inventory – it will mean that if you receive the debt, you will pay back only as much as you will receive in the inheritance.

For example, if the testator left the debt to the bank for 250 thousand. PLN, and the value of the apartment he left you inheritance is 180 thousand. PLN, that’s how much you will have to pay back. As in the previous case, you must make a statement within six months in court or at a notary public.

The third option is to reject the inheritance completely. Do this only if you are 100% sure that you will receive debts inheritance. Remember that even if you have inherited your debt – you have the right to appeal. However, it is important that you make an appropriate statement within the required time.

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