Lawyer Podkovko spoke about ways to avoid liability for other people's debts in Russia Anastasia Podkovko, in a conversation with Izvestia, explained how the heirs can get rid of unwanted responsibility for other people's debts. According to the expert, there are only two such ways – to refuse the inheritance or try to challenge it.
Not only things and other property are considered inheritance in Russia, but also property rights and obligations, including debts. “At the same time, the amount of liability for the debts of the deceased for the heirs is limited by the value of the property that they inherited. In other words, more than the heir received from the deceased, he will not have to pay for the debts of the latter, ”the lawyer said.
You can avoid other people's debts by completely rejecting the inheritance. Before making such a decision, it is advisable to first find out what property the relative owned before his death and how much he owes. In some cases, it would be reasonable to accept the inheritance and pay off the debts by appropriating the rest of the property, Podkovko believes.
If the debt has arisen or is being demanded illegally, you can challenge the inheritance in court. In the first case, you should file a claim yourself challenging the basis for the debt (for example, challenge the agreement), and in the second, wait for the creditors to recover and then object to the debt. In other cases, the heirs will have to pay off the debt within the value of the property received.
Deputy Chairman of the State Duma Committee on Tourism and Development of Tourism Infrastructure Natalya Kostenko in November prepared an amendment to the law “On consumer credit (loan)” aimed at protecting Russians from the debts of deceased relatives. According to Kostenko, in some cases, after the death of the insured borrower, banks file claims against his heirs instead of contacting the insurance company directly. The deputy proposed to oblige banks within 10 days after the occurrence of an insured event to demand reimbursement of the loan from the insurer.