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Money: must be inherited debt with over-indeemous estate?

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Not always a heritage automatically means a positive impact on the assets. Because heir is always associated with a risk - for example, when the discount is over-indebted. We show the most important information with over-indebted estate.

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Fact is: A heritage does not only receive the assets. Even the debts of the deceased go to the heirs, who must then pay them from his private assets if the money from the heritage is insufficient.

Legal basis

In the legal language, lawyers use the concept of estate liabilities to which the leachatory debt and the fault debt count. For sustained leaches, the debts that have arisen during the deceased during his lifetime and there are still its death and fault debts comprise the debts arising from the occasion of death, such as funeral costs.

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The inheritance law does not intend to compete for the heritage. This means that there is always the possibility to extend and reject the legacy. This protects the heirs before, ultimately, with their entire private assets for the debts of the deceased and even in debts. Likewise, the inheritance right sees an exclusion of certain components of the heritage. The heritage is always after the "all-or-nothing principle". Either one agrees to the preservation of the entire assets together with the debt or you do not get anything.

If the heritage is exhausted, also eliminates the compulsory part of the possible heirs by law. Whoever back to the place, sets either the will or the statutory succession. Unless nobody accepts the legacy, it goes to the state that utilizes the assets and perhaps a part of the debts. The creders are often empty.

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When the heritage should be discharged

since inherited debts may mean the financial ruin under certain circumstances, the online portal "Financial Tip" advises to make a detailed overview of the asset and liabilities extremely early. Bank deposits, securities, valuables, land, real estate, but also burial costs, loans, maintenance residues or compulsory portions can all be components of the heritage. Here: leaves the deceased more should have been considered, the destruction of the heritage should be considered seriously to the portal. Selbes applies to real estate resources that are old or have been no longer renovated for a long time and a true debt trap can mean. Here, too, a possible skill should be subjected to a precise review according to "financialist". If the heritage is accepted, all complicating follow-up and renovation costs must be taken.

prospective heirs are entitled to obtain insight or information regarding the account conditions of the deceased at the banks. Here, however, the portal warns, for caution, because banks make the information only against presenting the death certificate or inheritance. When applying for a certificate of inheritance, however, the heritage has already been accepted and therefore can no longer be bad.

TIME AND FORM NOTE

If the residence is not abroad, the inheritance is a period of six weeks, otherwise from six months. The deadline is usually the death day in nearby relatives. If the deadline is elapsed, the heritage is automatically accepted. In order to reject the heritage, a declaration of declaration "must be submitted to the estate court either to the transcript or in publicly certified form", "Financial Tip". The skill can also be explained in person at the estate or district court, as well as a notary. Für die Ausschlagung eines überschuldeten Erbes beträgt die dafür fällige Gebühr 30 Euro.

Philipp Beißwanger / Redaktion finanzen.net

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The craze for the stone is intact in this first quarter 2022, according to the Drimki indicator. Thus, the share of the French engaged in a real estate project is stable: 16% of them declare to have a real estate project in the next 12 months. An ever more marked decision in frameworks (34%) and under 35, which are nearly a third party to project into such an approach in the next 12 months (32%).

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