The lawyer told the Russians about ways not to pay the debts of the testator

Upon receiving an inheritance, not only the property is acquired, but also the debts of the deceased. Lawyer Elena Kuderko told the Prime agency on June 8 about the cases in which the heirs may not pay them.

According to her, the law does not allow accepting part of the inheritance. However, the heirs are responsible for the debts of the deceased only within the limits of the value of the property they received, which is determined on the day of the opening of the inheritance. To do this, an appraiser is invited, who draws up a report and determines the market value of the property.

"This means that, having received, for example, an apartment and a car, the heir will not pay the debts of the testator more than this property is worth," the lawyer explained.

She gave an example of several cases where heirs may not pay their debts or reduce their size.

So, if the debt is insured, then the insurance company will deal with its repayment. This method will help the heirs to get rid of the deceased's credit debts. If the statute of limitations of the debt has exceeded three years, then the creditor will receive nothing when demanding payments from the heirs, since he had to confirm the basis of the debt and its amount within a certain period of time.

Also, according to the expert, the heirs can independently repay the debt to creditors who previously demanded it, while they are not obliged to pay anything to the rest. When the heir is declared bankrupt, when the amount of the debt exceeds the amount of the inheritance, the debt is written off in court. The expert noted that when entering into an inheritance, you should contact notaries who have the right to make a request to the bureau of credit histories to accurately determine the debts of the testator.

Quiet court: new initiative of legislators can save from sudden debt cancellation

The proposed changes can protect citizens from unscrupulous creditors and collectors.

On May 28, the Supreme Court of the Russian Federation announced the refusal to write off debts to a Russian who had taken out loans from eight banks. It was clarified that the sum of ten consumer loans of a Russian citizen amounted to 7.4 million rubles, which he took out in one week in September 2022. For some time, the citizen paid off the loan, but after his dismissal he initiated bankruptcy proceedings.