Many of us dream about fabulous drops of rich relatives at nights. Luxury yachts, possessions, millions on the account, expensive cars and jewelry from distant ancestors. However, c o to do in a situation where the fall after a close relative is not a bajońska “hill” of gold, and a colossal consolidated debt, which often exceeds the value of the property? How to accept a drop to not pay your debt with all the boon?
Fall with a trap!
The death of a loved one is a family drama, and sometimes also an additional financial burden. Because when you realize that in addition to the home of the deceased installments have been paid for the RTV equipment or a loan or loan taken, you can always decide whether to accept the fall with all the benefits of the inventory or you can reject it. However, the real nightmare begins when the closest family does not have a clue about the debts of the deceased or is not aware of the amount they reach.
In the light of the Civil Code, the consolidated debts of their relatives can also be inherited by minors. One of the rules says that “a child at the moment of conception can be an heir if he is born alive.” They also assume inheritance of inheritance from the so-called the boon of inventory. Which means that the amount of debt purchased is charged to the child up to the value of the property taken over. So, if a grandfather transfers his debt to his grandson and additionally does not leave any assets behind him – then the minor – although formally inheriting the debt – will not have to pay it back.
Until recently, these rules only applied to children. Fortunately, from October 18, 2015, by virtue of a change in law, the simple inheritance of debts among adult heirs has been cut short. Thanks to that, they are protected from obligations that they did not know existed. Therefore, in the light of the law in force, the potential heir has six months to make a declaration of accepting or rejecting the inheritance! This applies to all inheritances, which were opened with the date of introduction of new regulations.
Who inherits without a will?
According to the law, under the Act – the right to succession inheritance (without a will) have:
- Spouse and children (in equal parts)
- Grandchildren (inherit in equal shares, part attributable to the testator’s child, if it did not live to see the inauguration of the inheritance)
- Parents in equal parts (when they have no spouse, children and grandchildren)
- Children of siblings (they inherit in equal parts what would happen to the brother or sister of the testator who did not live to see the inheritance)
- Commune or State Treasury
How to check if the deceased had a debt?
In general, before making a decision about “accepting” or “rejecting” a drop, it is always worth getting acquainted with the past of the deceased . Of course, it is different in the case of the testator, with whom you remained in good relations, you knew his financial situation and possible debts and receivables. However, there are often situations in which relatives hide the fact of being indebted – which leads to the fact that only after death, the family learns about existing obligations.
That is why it is worth taking a look at every important nook of the deceased’s house – to the cabinets, drawers, shoulders, where you can find loan agreements, loans, invoices to pay overdue bills, or reminder from debt collection companies. You should also ask about any arrears in the cooperative and in the housing community , at the electricity supplier , in the gas plant , and also in the municipality, thanks to which you will determine whether the deceased did not have unpaid payments and paid all liabilities on an ongoing basis. Just remember that it is necessary to show a death certificate! The key issue is also …
… Viewing the land and mortgage registers!
In the last step, you should see the land and mortgage register. Access to it is public – you only know the number whose content you can check on the website of the Ministry of Justice . What should you pay special attention to? In section 4 of the land and mortgage register, you will find mortgages that affect real estate. Also stop at the mention – these are the numbers indicating that an application has been submitted to the court, which has not been considered yet! Such a document could be submitted by a bailiff , bank , loan company , Tax Office , as well as a private person wishing to secure a claim on the estate of the testator.
LOOK OUT! The entry in the book has retroactive effect. Which means that at the time of its review – the book could not contain any references or entries, but only requests for entries, eg mortgages or restrictions on rights in rem. They may have already been filed and are only waiting to be disclosed – and with a retrospective date. For those who do not know this, it is a very dangerous situation!
Helplessness is not a good adviser
Debts are hereditary – there is no doubt about it. If, therefore, you do not want to take full responsibility for the acts of a relative, you can reject the fall. With such a decision, you should not have a problem the more when the deceased person leaves behind all the documentation about the existing debt. Then make a cool calculation – is it really worth taking a small part in a real estate or a vintage car with no need for any contact with creditors?
The situation is similar when the deceased left a small drop, and you are not sure if he did not incur additional high-interest loans during his life. Therefore, if you have any doubts about the impeccable financial situation of the deceased – the reasonable option will be to reject the inheritance.
Also remember that during the above-mentioned 6 months you are required to accept or reject the drop. Lack of any answer is nothing like permission to the party! To prevent this, you must go to a notary public and make a proper statement. Only in this way you have the guarantee of protection from creditors or bailiffs’ execution!
Rejected drop can go to your children!
Unfortunately, there is a catch in this solution! The waiver of the right to a drop does not mean that you have a problem with your head and the inheritance procedure ends … Unlike the acceptance of the inheritance with the entire inventory, further heirs are sought! That is why I am looking to take care of my children’s safety so that they will not inherit the debt from their grandparents! How to do it? After prior consent of the guardianship court, on behalf of a minor you can make a special statement of waiving the right to inheritance. Such an application is usually payable and amounts to PLN 30-40.
How to check what I inherited?
It is possible to check the obligations of the inheritance – however, this option is quite complicated. If you want to accept it, but you do not know the finances of the testator, then you have to face a rather not simple subject, which is:
- Inventory by the bailiff – the application for an inventory entry is submitted to the district court. It is subject to an additional fee of PLN 50. The inventory is being carried out by a bailiff who, in this way, sets a decrease – but it is quite a costly solution. In accordance with the regulations, for an inventory or other census – the bailiff pays a fixed fee of 10% of the average monthly salary, for each hour started! The amount should also be added 23% VAT, which in total gives the amount, about 520 PLN. Ba – if the property includes real estate, which is a market valuation, then the amount of the inventory may exceed the amount of several thousand zlotys!
- A standalone list of the inventory after the inheritance is an alternative and fairly new solution, which consists in determining the assets and obligations of the testator independently or with the help of a notary public. On the website of the Ministry of Justice, a current one is available pattern . The inventory list in court is free. However, a document approved by a notary public is payable at PLN 200 plus VAT.
Or maybe the consolidated debt has expired?
The heir, who agreed to inherit the inheritance from debts or performs the monitoring of obligations, should first check the date of their validity! Because every debt – sooner or later – expires. Of course, the overdue payment still exists (and if you want you can pay it back voluntarily), but the creditor must reckon with the fact that he will never get back the money. For example, inheritance debts lose their validity after 10 years from the date of the creditor’s conclusion of a loan or loan. More about the debt prescription under the link .
Debt inheritance is an extremely complicated and responsible decision that affects the future of your and your loved ones. Therefore, before the resolution of anything, it is worth to “cool down” and give yourself some time to think about it. The fall is not just the inheritance of a fortune! It is also a “network” of many obligations that you must be aware of! In such situations, it is worth using the advice of specialists or notaries, as well as develop a “plan of action” on the sheet, so as not to become the owner of the debt that does not belong to you!