Clipping of news on Brazilian Culture, Law and Citizenship
15/08/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Situation in which the relatives of someone who died, inherits its monetary disputes? Many people go through terrible moments after the loss of a loved one. Even with the pain and anguish felt after the fact, find themselves in a delicate situation, and may end up inheriting not only a legacy, but also the debts of their deceased relatives.
According to the Brazilian Civil Code, Article 1997 and Article 597 of the Code of Civil Procedure, the legacy liable for payment of the debts of the deceased.
Following the consummation of sharing the responsibility for the debts of who is legally falls as a legitimate or testamentary heir (who is inside will not necessarily have a family connection) and in proportion to the inheritance that fits you.
According to Ricardo Rocha Neto, master Diffuse and Collective Rights and the partner of Abe Lawyers, debt who dies can not be charged in certain situations or when unobserved certain legal formalities. For example, when the debt is already extinct or payment is not paid in due time. "Also the part which exceeds the total amount of the collection left by the deceased, the debt will not be charged," said the lawyer.
The expert explained that the heir must use a private attorney to their questions answered in relation to it or if perchance it has no financial resources, should seek a State Public Defender to assist in decisions to be taken.
He also states that "if the heir is not able to repay the debts of the deceased can waive full inheritance in the manner prescribed in Article 1806 of the Civil Code. If there is no resignation and he accepted their status as heir liable for the debt. " Recalling that the amount to be received is less than the debts you compete proportionally, the heir shall only be liable for the debts to the value of the share received
Source: Modern Consumer
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This article was translated by an automatic translation system, and was therefore not reviewed by people.