When a person dies without having left a will, a succession is initiated so that their
forced heirs
, that is, children, spouse, parents or siblings, receive their assets.
Although the law presumes that they will want to receive the inheritance, it is not an obligation for them to accept it.
On the contrary,
they have the option to reject it
.
The reasons that can lead a person
not to accept an inheritance
are diverse, one of them may be because it is accompanied by debts, or because a complicated process is intuited, for example.
But once the decision has been made - to accept or reject it - it
will not be possible to go back.
It is important to clarify that in order to formalize the rejection it is necessary
to comply with a series of conditions
and there is a
maximum term to express it
.
Although the law presumes that people will want to receive their inheritance, it is not an obligation for them to accept it.
Photo Shutterstock
What are the reasons for rejecting an inheritance?
If an inheritance that corresponds is accepted or rejected,
there will be no room for regret later
.
This means that if it is accepted, the heir will receive all the assets including the debts and will be responsible for all the expenses for inheritance procedures, and if it is rejected, it will also be in full.
In this sense, it is important
to know in detail everything that inheritance includes
and
seek advice from a lawyer or expert
on the subject.
These are the main reasons why it will be convenient
to reject it
:
.
When the inheritance comes with debt:
By accepting an inheritance, the entire estate of the deceased person is acquired, both assets and debts if any.
In this way,
the heir becomes the owner of the estate
but, in turn, must face the debts that person had at the time of death.
However, there is a way to prevent this from happening when it is not known exactly what debts the deceased had: it is possible to accept the inheritance for "
inventory benefit",
it is the option that the heir has to accept without compromising the personal assets.
This right allows all debts to be paid with the assets to be inherited.
But in these cases, it is convenient that before accepting an
investigation of the deceased's assets and their value
, as well as any debts they may have.
Once the preliminary investigation is completed, if the total amount of the
debts
is
greater than the amount of the assets
, the most advisable thing will be to renounce the inheritance.
.
When the inheritance includes assets that cannot be converted into money
Another reason why inheritance can be renounced is due to the existence of assets that cannot be converted into money immediately, either because
the properties are mortgaged or rented
.
In the event that there are
debts to be settled,
the heir will find that he cannot sell the property because they have tenants, and that the bank will not lend him more money because it is already mortgaged.
In addition, you will have to
take care of the inheritance expenses
and if you do not have your own money, the situation becomes more complex, so in this case, giving up the inheritance could be an option.
.
When the inheritance has very high inheritance taxes
This may be the case of inheritances from
people outside the family, or distant relatives
.
It is known that accepting an inheritance entails the
payment of inheritance tax
and may also cause the payment of municipal capital gains tax on real estate.
These taxes vary depending on where the person who died resided.
In turn, the inheritance tax varies depending
on the relationship you have with the deceased
, with which, the more distant the relationship, the more you will pay.
Something similar happens with the heritage of the heir;
the older it is, the more inheritance tax will be paid.
Meanwhile, if there is no cash in the inheritance, nor does one have their own money to meet the payments, the amount of inheritance tax must be evaluated since it can be decisive for not accepting the inheritance.
.
When inheritance is accompanied by family conflicts
This occurs in cases where there are several children sharing the same property.
In order to inherit, they will all have to agree, the same as to be able to sell it.
In many cases,
differences arise when arguing for a part of the house
and to avoid further problems they decide to renounce the inheritance.
It could also happen that due to
previous disagreements
there is no contact or good relationship with the rest of the family and to avoid further problems, resignation is an option.
The renunciation of the inheritance is always total.
This means that you cannot give up one part and keep another. Photo Shutterstock
What conditions must be met to formalize the renunciation of an inheritance?
Although renouncing an inheritance is a simple act and should not generate complications, according to what
Natalia Torres Santomé,
Ph.D. in Law, explained to
Clarín
, a series of conditions determined by law must be met:
.
The resignation of the inheritance
must be expressed in a public deed
before a notary public.
It can also be made in a judicial record and incorporated into the judicial file.
.
Even if the will or the legitimate inheritance situation is known, the inheritance cannot be renounced before the death of the deceased.
The process begins after death
.
.
The
renunciation of the inheritance is always total
.
This means that you cannot give up one part and keep another.
.
The
resignation is irrevocable
, that is to say that there is no possibility of repentance and cancellation of the resignation.
.
The renouncer
loses all rights to the inherited assets
and is released from all obligations arising from the estate of the deceased.
.
An inheritance cannot be renounced if
an act was previously carried out that shows the will of tacit acceptance
.
Some examples of acts of tacit acceptance of an inheritance are: collection of hereditary credits, addressing a business of the deceased person assuming it as his own, appearing in a judicial process where the rights of the deceased as heir are discussed, etc.
What are the deadlines to renounce an inheritance?
After the death of the person who caused the inheritance, the heirs can formalize the resignation at any time.
"Therefore, you can accept the inheritance or give it up within
a period of 10 years
, which is called the 'right of option'. During that time, you can say nothing or take on any obligations.
However, it could happen that during those years another heir intimidates you because he wants to know if you are going to accept what corresponds to you or not.
In this case, it must be done through the courts and you will be given a certain amount of time to make a statement.
If you do not, it is considered that you accepted.
On the other hand, if 10 years pass and you were not intimidated but you did not declare yourself about the inheritance either, it will be considered that you renounced it.
LN
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