The lawyer warned about the risks of inheriting real estate

Most people perceive inheriting real estate as an asset, but they forget that serious risks can pass along with the rights to the heir. This was announced by Gennady Karpov, Director General of the legal bureau Strategiya, on Tuesday, July 7.

According to the lawyer, the first thing that heirs often underestimate is the debts of the testator. If the deceased had loans, litigation, or other financial obligations, creditors can present their claims to the heirs. Therefore, it is important to understand that along with an apartment, house or land plot, you can also receive the obligation to pay off debts within the value of the accepted inheritance.

"The second common problem is the appearance of other applicants for the property. Sometimes the heirs are sure that they are the only relatives, but after a while other heirs may turn up, including those who have the right to a mandatory share," Karpov warned in an interview with Lenta.Ru .

There are also disputes about challenging the will, reports 360.ru . The lawyer recalled that not only the rights to property are transferred to the heir, but also participation in existing lawsuits, NSN reports.

"If there was a dispute about real estate at the time of the owner's death, the heir becomes his legal successor and continues to participate in the proceedings," he said.

The expert warned that before accepting the inheritance, you should ask the notary about the inheritance, as well as study the legal history of the object in detail yourself: check for arrests, debts, liens, litigation, restrictions and encumbrances.

"The law provides heirs with six months to make a decision on inheritance, and this time should be used for a full—fledged legal review," he concluded.

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Vadim Vinogradov, a member of the Public Chamber of Russia, Doctor of Law, professor, Dean of the HSE Faculty of Law, told RT on July 2 that after the borrower's death, his debts do not automatically transfer to children, parents, spouse or other persons related to the borrower by family relations. According to Article 1175 of the Civil Code, heirs are liable for the debts of the testator only if they have accepted the inheritance.

Yulia Sysoeva, head of the Legal Force law firm, said on June 28 that the debts of parents can pass to children only in certain cases provided for by law, writes Life.Ru .

According to the expert, there are three main scenarios in which children can be held responsible for their parents' obligations. The first is the acceptance of inheritance after the death of a parent. The second one concerns loans issued during the lifetime of the parents. The third scenario is related to arrears in housing and communal services.

In Russia, from July 1, 2026, the process of transferring property is simplified: it will be possible to issue an inheritance or donation for an apartment remotely through the Gosuslugi portal, writes Pravda.Ru .