Sun of the Russian Federation Inheritance of Debts by Minors

Accepting an inheritance presupposes the need to work not only with property and material goods left behind by the deceased. There may also be debts among the inheritance, in which case you have to deal with creditors. Is the heir who accepted the inheritance obliged to answer for the debts of the testator?

In what cases is this necessary and in what cases is it not necessary? Such questions require careful attention. However, in any case, when agreeing to inherit the property of the deceased, it is necessary to find out in detail about his debts, and weigh the advisability of accepting the inheritance based on all the clarified aspects.

What obligations are transferred?

Some debts are inherited, but others are not, and it’s worth knowing about this. Debts passed on by inheritance are, first of all, debts arising from many civil contracts that could be concluded by a person during his lifetime. Passed on by inheritance:

• Utility debts for an apartment or house;
• After death, loan debts plus loan obligations and penalties are transferred;
• Fines along with the car.

These, as well as a certain list of other debts, are inherited along with the property, and the heirs are faced with the need to repay the debts. Claims for unjust enrichment are also fully satisfied by the heirs, since they relate to the property part for which they are obliged to bear responsibility.

Do children inherit their parents' debts?

I often come across questions like this on forums:

"Hello. Tell me whether the debts on the parents' loans are transferred to the children. Over the past three years, my father took out a large sum (about 2 million rubles), but due to the loss of his job he cannot cope with his obligations. Debts are increasing every month. What to expect in the future? Will I have to pay the debt if my father dies?”

The answer is simple. According to the law, the presence of family ties is not the main condition for the transfer of financial obligations. The basis may be inheritance of property in situations discussed below.

Which ones are not inherited?

However, another list of debts is not inherited, and this list is associated primarily with personal obligations related specifically to the deceased.
Obligations related to alimony, contracts of assignment and other similar things are not inherited. A person’s personal debts are his obligations to compensate for harm, as well as insurance compensation.

The heirs are not required to pay all this, and the law will be completely on their side even if the inheritance is fully accepted.

When loan debts are transferred to children - options

In the event of the death of the debtor, his financial obligations pass to the heirs. The Civil Code of the Russian Federation (Article 1175) stipulates the joint liability of heirs. For example, if there are five people claiming an inheritance, loan debts are also divided into five equal parts.

The law provides for a number of restrictions:

1. The total amount of the debt does not exceed the amount of debt existing at the time of the death of the debtor. Interest, penalties and interest accrued after the death of a person are not subject to claim.
2. The amount of debt cannot be higher than the estimated value of the inherited property.

The restrictions prescribed above are reflected in the resolutions adopted by the Plenum of the World Federation of the Russian Federation (in particular, No. 9). The deadline for filing claims against the heirs is also indicated here - during the limitation period. The report begins from the moment the debt obligations appear, and not from the death of the debtor.

Should children pay off debts?

Part of the debts passed on by inheritance becomes a mandatory component of the inheritance, and if any are discovered, the children must also pay them . First of all, the inheritance is given to the applicants from the first priority, who must divide the entire estate equally, and therefore debt obligations may become relevant for children, a widow or widower.

Important! If they refuse the inheritance, then it, along with the debts, is opened for subsequent queues, and then there is no need to pay anything. Debts are relevant only if an inheritance is accepted.

Is it possible to refuse an inheritance?

If the heirs have assessed the “quality” of the inheritance mass, and even the known debts in it turned out to be more than property, then a completely logical step would be to refuse such an inheritance.

Only by making a refusal, the heirs will get rid of the need to repay the debts of the deceased.

It is not difficult to carry out this procedure - you must, within six months from the date of death, submit an application for refusal to enter into an inheritance to the notary who is in charge of the inheritance case, and pay a notary fee in the amount of 500 rubles.

The refusal can be made in favor of third parties, or without specifying them.

If the refusal is carried out, then no claims of creditors against such persons will be considered legal.

How to find?

Before making a decision regarding inheritance, it is worth finding out in detail information about the debts that the testator might have.
In practice, this is not difficult - upon the death of the debtor, the creditor has the right to file a claim with the notary within six months, this is how the transfer of debt obligations begins.

Heirs can receive comprehensive information about debts from a notary . In addition, the creditor can file a corresponding claim in court, and then you will learn all the necessary information from the relevant authority, which will file a claim with the heirs.

Cash

If there is a monetary debt formalized in an official manner, with a payment document, for example, with a receipt, the heir will have to resolve this issue - these debts are transferred. The payment of such a debt is carried out under unchanged conditions - the heirs pay the debt within the same framework in which the payment was relevant for the original debtor.

If controversial circumstances arise, the issue will be considered through the court; it is necessary to file a corresponding claim. If there are no documents confirming the deceased’s obligation to pay debts, the heirs may not pay them.

Credit

Are loan debts transferable? Certainly! Payment of credit debts is necessary , and it is made on the basis of a simple agreement regarding the provision of funds.

For utilities

The need to pay utility debts comes with inherited housing. By accepting a house, apartment or share in a residential building from the testator, the heir accepts this property along with debts, if any.

Debts on residential real estate are discovered quickly , fortunately, this category usually does not create problems or unpleasant surprises. In order to detect a debt, you just need to contact the local housing office, or wait for the receipts and study them.

Important! If the property is transferred to the disposal of several relatives as heirs, they must pay the debt together, in equal proportions.

What to do if you inherited debts. Instructions

A reader contacted the editors of 66.RU who had problems with financial obligations after the death of his mother. As Andrey Pereginets said, five months after the incident, he received a lawsuit from Sberbank demanding payment of the deceased’s debts. The amount was small, about 25 thousand rubles. Andrei decided that he would pay off the debt from the money that remained in Vera Mikhailovna Pereginets’ account from her last salary and pension. But, having entered into an inheritance and coming to the bank, I suddenly discovered that the balance in my mother’s account was 0.01 rubles.

Andrey Pereginets:

— We requested a printout of the transactions - it turned out that everything was written off from the account in June (my mother died on March 8). When asked where the money had gone, bank employees were unable to answer and asked to write another statement. But the court case with the bank will be on December 6, and I need to repay my mother’s loan before that time - so that the bank withdraws the claim and I am not forced to pay the state fee for office work.

According to Andrey, Sberbank appropriated the deceased person’s money, which the heir was already going to give to the bank. But the amount was not written off against the debt, so now he faces financial obligations for the loan, and he has responsibility for his two-month-old daughter and his wife on maternity leave.

A 66.RU journalist contacted the press service of the Ural branch of Sberbank. After this, bank employees themselves contacted Andrey.

As the press service of the financial organization told the correspondent, before going to court, bank employees telephoned Vera Mikhailovna’s heirs about the existing debt on the loan. In addition, bank representatives noted that another loan was issued to Andrei’s mother, to which the money remaining in the account was written off.

Tatyana Kirillova, press officer of the Ural Bank of Sberbank of Russia:

— Vera Mikhailovna Pereginets has a debt to Sberbank on loan obligations, which her son Andrei does not mention in his appeal. Part of this debt was repaid from the funds in Vera Mikhailovna’s account. The debt decreased by the corresponding amount. In accordance with civil law, liability for the debts of the testator rests with his heirs.

Unfortunately, Russian legislation implies that along with property, heirs also receive debts - but not all and not always. 66.RU consulted with a lawyer of the Sverdlovsk Regional Guild of Lawyers, a partner in the legal group Dmitry Zagainov, and compiled detailed instructions on what to do if creditors demand payment of the debts of deceased relatives.

Make sure you pay off those debts

Not all debts are inherited. You will have to pay off a bank loan for a relative or inherit a mortgage encumbrance. This category also includes all debts arising from contractual obligations (purchase and sale agreements, utility bills, etc.).

But you certainly will not be liable for debts associated with the person of the deceased. The personal debts of the testator (alimony obligations, payment of fines, compensation for harm to life and health, writing a literary work under a contract, etc.) are not subject to inheritance, since they cease with the death of the person.

Accept the inheritance or refuse it completely

Make sure that the value of the property is greater than the value of the debts and it is advisable to enter into an inheritance. The easiest way to get rid of a relative’s debts, if there is nothing special to inherit, is to refuse the inheritance altogether. The heir is not obliged to accept the inheritance if he believes that he is unable to pay off his debts.

Dmitry Zagainov, lawyer of the Sverdlovsk Regional Guild of Lawyers:

— The inheritance opens at the moment of death of the testator. You don't need to do anything to refuse it. In such cases, people usually don’t go to a notary. It is impossible to refuse an inheritance after accepting it, so you need to think carefully right away.

By the way, the personal property liability of each of the successors is limited to certain limits. Thus, each of the heirs is liable for the debts of the testator to the extent of the value of the share that they received. Thus, if the debt is greater than the appraised value of the entire property, you will still need to pay only up to this amount.

Check if the loan is insured

If the loan was insured, the insurance company will most likely have to take responsibility for paying it off. In general cases, such insurance is issued in the event of the death of the debtor, upon the occurrence of which it obliges the insurer to repay the debt on the terms under which it is stipulated in the contract. This usually removes the responsibility of the heirs to repay the debt.

But here everything depends on the terms of the insurance contract and the insured events specified in it. So, if the death of the testator occurred for a reason that is not an insured event, then even if the loan is insured, the heirs will still have to pay it.

You can check whether the loan is insured in the loan agreement. If you do not have a relative’s agreement in your hands, you can request copies of all documents from the bank itself.

Go to court to avoid paying interest

The bank has the right to reduce the interest rate by concluding an agreement with the heirs to change the interest rate on the loan from the date of the borrower’s death or to forgive the debt. However, the issue of interest payment is controversial and, as a rule, is resolved directly in court.

Dmitry Zagainov:

— Death is a valid reason for non-payment of interest. The question here is whether it is possible to impose a moratorium - this is not regulated by law, so it remains at the discretion of the court.

How does collection work?

As a rule, debts are collected through the courts. The judge issues a ruling on the need for payment, but does not indicate that it should come from the inherited property.
That is, the heirs themselves have the right to decide where they will get the money to pay off their debts.

But there are also slightly different situations - sometimes it happens that the testator’s apartment or other property is seized, and it becomes a means of security. If the debt is not paid, in this case the creditor has the right to take possession of the property.

Special cases

When considering the issue, two special cases need to be highlighted:

1. Property is shared between parents and children. Here, much depends on the type of property and the possibility of allocating a specific share. If part of the debt cannot be allocated in kind, the creditor has the right to go to court and file a lawsuit demanding the sale of the property. The debt is repaid using the proceeds. The final decision is made by the judicial authority.
2. Children are guarantors of parents. In this case, the debts of the parents are transferred under the terms of the current legislation and joint liability. The bank has the right to demand that the guarantor repay the full amount. After payment, the child can file a lawsuit against the parent for the purpose of recourse (return) of the spent funds (according to the Civil Code of the Russian Federation, Article 365). In addition, by court decision, the child’s property can be reclaimed and sold to cover the debt.

Answering the question of whether loan debts are transferred to children, the answer is yes in two cases - when registering an inheritance and guarantees. In other cases, the child is not responsible for the debts of the mother (father).

Shares of responsibility

All people who accept the inheritance are also responsible for the debts of the deceased relative. It does not matter how they accepted the inheritance - through a will or by law. Along with the testator’s property comes the need to be responsible for his debts, and this can only be waived by refusing the inheritance itself.

In situations where there is only one heir, problems with this issue usually do not arise, and he is solely responsible for the entire inheritance mass with all its components. However, this is not always the case, and even if there is a single heir, some nuances may arise. They should be considered separately.

Thus, debt obligations arise only upon actual acceptance of an inheritance or upon acceptance in the general manner. All heirs are jointly and severally liable, but within the limits of their accepted share.

Important! And if a situation arises when one of the heirs fully pays all debts, but there are other people who have accepted part of the property, he has the right to demand that they repay part of the share through the court, and this demand will be legalized.

In addition, there is another nuance.
If the debts significantly exceed the value of the property received as an inheritance, then the heir should not be liable to creditors at the expense of his own property. Creditors can work with all heirs at once, or with one - and in this case, he can collect parts of the debt from others in a regressive manner.

Inheritance of debts by minors

Often, citizens who have not reached the age of majority (children, grandchildren or nephews) become heirs. By law, they will also inherit all the official obligations of their deceased relative. However, they will be repaid by legal representatives: parents, trustees or guardians. They are the ones who have the right to give their consent to inheritance on behalf of the minor.

The guardian can also decide to refuse the inheritance, but it must be approved by the guardianship authority. This takes into account the relationship between the size of the loan and the full value of the inherited property.

How to avoid?

To avoid receiving inherited debts, you must first carefully study the situation . Contacting the relevant authorities, the notary, housing office, traffic police will allow you to avoid problems, or find out about the situation in advance, weigh the pros and cons of joining, and make the right decision. Knowing about debts in advance, you can work out a strategy of action and eliminate unpleasant surprises.

Communication with the testator’s circle can also provide a lot of information, especially if he is not such a close relative and was not part of your circle of close contacts. If the direct heirs abandoned the property for no apparent reason, this may also be suspicious.

The potential heir has a period of six months to clarify the situation in detail and make the right decision. Legal advice in case of discovery of debts will also not be a superfluous measure.

If you have debts, it is worth clarifying their size, as well as weighing the associated costs when registering an inheritance - this will simplify the decision-making process. In case of large debts, it is quite advisable to issue a waiver that will free you from debts and the need to pay them.

When parents' debts do not pass on to children

Thus, loan debts are transferred only upon registration of an inheritance. The main difficulty lies in the ignorance of the heirs about the existence of debt. Relatives register an inheritance and only after some time find out about the existence of a debt. In this case, the bank informs about the existence of a loan agreement and penalties before the expiration of the statute of limitations. The main goal is to increase the amount of earnings on the loan.

Children must remember that only “clean” debts of their parents are transferred to them - those that occurred at the time of the death of their mother (father). It is illegal to charge interest and penalties above this amount.

Another question arises - whether the loan obligations are transferred in the event of refusal to accept the inheritance. The answer is clear - no. But you cannot be passive here - it is important to go through the necessary procedures with the involvement of a notary authority.

The renunciation of inheritance must be complete. You cannot just give up a car and take possession of an apartment and other property.

After completing the procedure, it is not possible to change your mind and return the situation back - the decision is made only once. Refusal of inheritance does not have retroactive effect.

Practice in cases of inheritance of debts 2020

Unworthy heir An unworthy heir is usually called a person who cannot claim to formalize and receive an inheritance after the death of the testator (Article 1117 of civil legislation). The Supreme Court of the Russian Federation, in Resolution of the Plenum No. 9, in paragraph 19, indicates that the legal status of an unworthy heir is determined for persons who deliberately committed illegal actions in relation to the testator or anyone from the circle of potential heirs, also, against the will of the testator, specified in the will. As a rule, the motives and goals of performing these actions in such cases should not be taken into account, including the occurrence of legal consequences from these actions.

Minors have the right to take actions to accept independently in the event of actual acceptance of an inheritance (for example, if a minor lives in residential premises owned by the testator). Thus, this is a legal fact of acceptance of the inheritance. From the above it follows that a minor can accept an inheritance in some cases without a parental statement. Please note that if there is a dispute between the heirs about the division of property, or not, then an agreement on the division of property must be submitted to the guardianship and trusteeship authority. Inheritance of rights to claim debt obligations Often, in practice, cases arise when a citizen in his will wants to indicate the right to claim from one of his debtors (for example, under a loan agreement, under a supply agreement).

Credit obligations in inheritance

There is great news for relatives who inherited a loan debt. The heir is obliged to repay the loan within the limits of his share.

Let's give an example: after the death of a parent, a daughter inherited a vehicle valued at 400 thousand rubles. As well as a credit debt in the amount of 2 million rubles. Her responsibility is to repay the portion of the loan that corresponds to the appraised value of the car. In other words, the daughter will have to pay only 400 thousand out of 2 million rubles.

If there are two or more legal successors, the obligation to repay the loan will be assigned to them in proportion to the parts received.

For example, if one daughter inherited a car worth 500 thousand rubles, and the second daughter inherited a plot of land worth 1 million rubles, the two-million loan will be paid jointly. Only one heiress will pay a quarter of the debt, and the second will pay the remaining ¾ of the debt.

By the way, if loan funds are received to purchase property (a car or real estate), not only the debt, but also the collateral (mortgage) property will be transferred to the legal successors. As a rule, this simplifies the task associated with repaying the loan. In a hopeless situation, a pledged car or apartment can always be sold and the debt repaid. However, this option is an infrequent occurrence, because creditors, that is, banks, have the right of first refusal to repurchase the collateral. Receiving mortgage debt as part of an inheritance, relatives, as a rule, are left without property and without debt.

Is it possible to find out if there are debt obligations?

You can find out about the existence of debt obligations directly from the notary who opened the inheritance. But it is necessary to understand that not all creditors may know about the death of the debtor and, in accordance with the law, they can then go to court with a claim against the heirs.

It is necessary to review all the documents that the testator had and analyze them. Perhaps there is a loan agreement, a credit card, a receipt, a receipt for utility bills, all this will help to estimate the amount of the testator’s debts.

In addition, on the bailiffs website you can see the availability of initiated enforcement proceedings. To do this, it is enough to enter the full name of the testator, and information about the date and number of the enforcement proceeding, the amount of debt on the principal debt, the enforcement fee and contacts of the bailiff who is handling the case will be available.

Is debt inherited?

According to Art. 1218 and art. 1231 of the Civil Code of Ukraine, debt obligations of a deceased person are transferred to the heirs.

If by chance you become the heir to some material wealth, this does not mean that you are a “winner”. By inheritance, you may receive not only movable and immovable property, but also the debts of the testator.

Book 6 of the Civil Code of Ukraine “Inheritance Law” states that inheritance can only be entered into if the heirs unconditionally accept both the rights and obligations left by the testator. This means that the heirs may be subject to claims from banks and other creditors (based on court decisions, receipts, etc.) for the outstanding debt obligations of the deceased.

The debts of a deceased person pass to the heirs of the first stage - husband or wife, children, parents:

• For example, if a person was married, the issue of debt obligations falls on the shoulders of the wife/husband. Debts are not passed on to the former spouse by inheritance .
• If the spouses did not live together for a long time, but the marriage was never officially dissolved, then the debt obligations will still pass to the husband/wife. In this situation, you can try to prove your rights by contacting the court.
• If the deceased was not married and did not have children, then the debts acquired during his lifetime are transferred to the parents.

The obligation to pay off the debts of the testator also applies to those whose name appears in the will.

When the heir accepts the inheritance not just one, but several, a shared responsibility arises for paying the debts of the deceased testator.

The heirs may not be aware of the debts of the deceased at the time of acceptance of the inheritance, but this does not exempt them from paying off debt obligations.

Are the obligations of the deceased transferred to incapacitated and minor heirs?

Incapacitated and minor heirs are considered persons who accepted the inheritance without performing any actions.

Due to their health or age restrictions, they do not have the legal right to independently dispose of the inheritance received. Therefore, absolutely all procedures relating to inherited property and debts that passed to them along with the inheritance are carried out by their parents, guardians or adoptive parents.

How does the performer act?

It all starts with a court decision. When the judge takes the plaintiff's side, the bailiffs launch enforcement proceedings.

1. The execution is sent to the place of permanent registration of the defendant, to the address of his actual residence, or to the address where his property is located.
2. According to the Civil Code Art. 69, paragraph 4, if not a single bank account or card is found in the debtor’s name, or there is insufficient amount for repayment, then the bailiffs begin to collect debts at the expense of the property.
3. Only property owned by the defaulter is subject to description. It does not matter who temporarily uses this property or actually disposes of it, just as its location does not matter.
4. Representatives of the SSP are sent to register the debtor, where they have the right to describe the property that can be recovered by law.
5. Bailiffs have the right to seize the property of children at the address of their actual residence if it is proven that the debtor actually lives there.

These are standard actions of bailiffs in the event that a court issues a writ of execution against a defaulter. Only bailiffs can describe the property. But representatives of collection bureaus or banking organizations are not authorized to carry out such procedures.