How can one give inheritance to children, wives and heirs without transmitting onerous debts and obligations? When a person dies, there are several necessary procedures to be carried out to release the deceased’s assets but also to regulate the tax positions of the deceased and heirs starting from the drafting of the death certificate, which must be done exclusively by a doctor, and from the funeral, to arrive at the presentation of the declaration of succession and related registration to the Revenue Agency, an operation that can be done within a maximum of one year from the death of the person, which is followed by all the steps necessary for communicating the disappearance of a person to INPS, bank and utility providers.
After that, the succession can be opened and the inheritance divided, which, however, in some cases can also present debts. Let’s see what happens in such cases.
You can give inheritance to children, wives and heirs without transmitting debts and burdensome obligations and how to Inheritance to children, wives and heirs without debts how to do it
You can give inheritance to children, wives and heirs without transmitting debts and burdensome obligations and how
When you have debts and the person who contracted them dies, some of the debts are always transmitted to children, wives and other heirs, other types of debts are not, however, transmissible. Going into more detail, debts such as mortgages, utility and condominium bills and taxes are transmitted to the heirs, while debts that have fallen into statute of limitations, fines, administrative, criminal and tax penalties, debts gambling, alimony, monthly maintenance and personal obligations which are based on the personal qualities and characteristics of the debtor.
In the presence of transmissible debts of the deceased, there is no way for them not to fall on the heirs unless, of course, they are paid by the deceased debtor before his death. Sometimes it happens that parents or husbands, or other subjects, in order to avoid leaving debts to the heirs, dispose of their assets before their death.
However, if the donor is a debtor, the deed of donation can be challenged by the creditors with the so-called revocatory action, within 5 years of the deed, making the transfer of ownership null and void and in any case reclaiming the donated property, so the donation is not a effective choice to give inheritance to children, wives and heirs without transmitting debts and burdensome obligations.
Inheritance to children, wives and heirs without debt how to do
The only solution to prevent children, wives or other heirs from inheriting debts is not to accept the inheritance. In fact, when the declaration of succession is opened, the inheritance can be accepted but also renounced. The acceptance of an inheritance, once made, cannot be revoked and provides for the complete transfer of the assets and liabilities of the deceased to the heirs.
The acceptance of the inheritance must take place within 10 years of the death and before the acceptance of the inheritance, creditors cannot take action against children, wives or other relative heirs of the deceased. If the debts of the deceased are relative to the full value of the inheritance, then it is advisable to accept the inheritance, repay the debts and keep what is left of it.
If, on the other hand, the value of the debts is high or even exceeds that of the inheritance that one should receive, then it is better to renounce the inheritance itself and in this case no debt is passed on to the heirs. In fact, the renunciation of the inheritance ensures that creditors cannot turn to the children, wives and other heirs of the deceased.
So, the simplest way to protect yourself from the parent’s debts is to renounce the inheritance or accept the inheritance with the benefit of inventory. You have 10 years to decide whether to accept the inheritance, refuse it or accept it with the benefit of an inventory. In the event that the inheritance is not accepted, then no debt will be triggered towards you and the one who should have been the heir will not be required to pay anything.
It should therefore be clarified that a creditor who had debts with the deceased cannot expect a single heir to pay the entire debt, since the latter must be equally divided among all the heirs on the basis of their relative shares.
To renounce the inheritance it is necessary to make a specific declaration either through notaries or before the clerk of a court and the court to which to refer for the waiver of the inheritance must be the one where the succession was opened. Once the inheritance has been refused, in the presence of any debts, for the heirs, children, wives or other relatives, therefore, there is no obligation to pay the hereditary debts received in succession because one loses the quality of heir.