The deadline that can cost you dearly

Heirs who have given up too late their succession are forced to pay their father’s debts. The children, pursued by the co -ownership union, had only two months to refuse the inheritance. © Pixabay – During a succession, beware of deadlines to meet. Save save Receive the alerts inheritance during a succession, the deadline of deadlines can cost you dearly. If the heirs have a period of ten years after the death to accept or not a succession, they can however be summoned, after four months, by a creditor of the deceased to “take sides”. They will then only have two months to make their choice. Once this period has passed, they will be considered as having accepted it and will therefore have to reimburse the debts, as evidenced by these three children who refused their father’s inheritance too late, reported by Le Monde this Monday, March 10. Monsieur X., a divorced Belgian resident in France, dies suddenly on June 12, 2017. The man has three children installed abroad: a living son in the United Arab Emirates, a girl living in Belgium, And another son in Luxembourg. The notary in charge of the succession informs the three heirs that their father leaves behind two large debts linked to disputes over the transformation of a holiday village which he managed in co -ownership. The first concerns the property tax and the second the co -ownership charges, specify our colleagues. Read also: Succession of a loved one: Can you know if you are part of the heirs? The co-ownership trustee claims 78,865 euros “Being established abroad, we hesitated to accept the heritage, made up of a studio, three-pieces and commercial premises,” confide the three children to the world. As provided for in article 780 of the Civil Code, the notary indicates to the heirs that they have ten years to make their choice. But, in July 2019, the co -ownership trustee, which requires the payment of 78,865 euros, the sums to decide. However, according to the law, this summons must be made by bailiff and this condition would not have been respected according to the children. The latter explain “not having received anything” and therefore could not react within the two -month imposed time. In December 2019, the daughter and the younger son decided to give up the inheritance. A decision that the condominium trustee disputes, which obtains their case and the heirs are ordered to pay. The children of the deceased then embarked on a legal battle by appealing before the Court of Nîmes, then before the Court of Cassation. Their lawyer pleads the fact that before the reform of the successions of June 23, 2006, the heir who had not yet made his choice and who had been sentenced to first instance to pay a debt could give up the succession before the appeal stop. Read also: Real estate: a new law to accelerate successions and unlock the sale of goods inherited in vain, on February 5, the Court of Cassation considers that with regard to article 772 of the Civil Code the heir, “being deemed to be pure and simple of the succession, can no longer give it up, nor accept it up to the net assets”. The heirs will have to mop up their father’s debts. Receive our latest news each week, the flagship items to support your personal finances. (tagstotranslate) Succession

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