Ways to accept inheritance and its advantages

The inheritance is the way to deliver the assets due to the death of the deceased. You are not obliged to inherit, so different forms of acceptance of the inheritance take place: first, the outright, in which the heir is responsible for all burdens and debts and will respond, not only with the assets of the inheritance but also, with their own.

On the other hand, there is acceptance for the benefit of inventory the heir will only respond with the assets of the inheritance. It will necessarily have to be for the benefit of inventory when the heirs are minor or disabled, the poor or the state. The deadlines for accepting the inheritance for the benefit of inventory, as a general rule, can be made at any time. If the heir has the property in his possession and wants to use the inventory benefit, he must disclose it to the competent judge, within 9 days from the death, if he resides in the same place as the deceased's death or within 30 days, when he resides in a place other than where the deceased died.

The period of 60 days to take inventory is set, or one year when special circumstances occur.

To prevent the estate of the heir from being compromised by the debts of the deceased, the logical thing is to accept the inheritance for the benefit of inventory. By means of this legal figure, if there are inheritance debts, they will be paid with the inherited patrimony and the heir's own will not be answered. When it is not known if there are charges, the most advisable thing is to determine the value of the goods.

One of the main burdens are mortgages, which remain in force at the time of the owner's death. If a property is inherited with a mortgage, the heirs, if they accept the inheritance, must continue to pay the installments.

In this case, the bank cannot modify the conditions of the loan, it simply must change the owner of the loan. If the inheritance is accepted and a house with a mortgage is received, the obligation to pay the loan is also inherited, if the heir is not responsible for the payment of the mortgage, the side can auction the property and if the value that is obtained to liquidate it, the estate of the heir will be executed and their assets could be seized.

If you have an inheritance, and you don't want to make a mistake that can cost you thousands of euros, contact Audacia Abogados, and get advice from the best.