My father has debt. What to do to avoid paying them?

Kquestion: My father has financial and social security debts. It has no assets. What should I do to avoid paying this debt after his death?

Answer: “First, a warning is issued: Some debts do not disappear with death!

Thus, under the terms of Article 2068 of the Civil Code: ‘The heir is responsible for the expenses of funeral rites and suffrages (e.g. masses, prayers, alms and other works of charity) according to the condition or custom of the deceased. Land), proof, administration and liquidation of the inherited property. Expenses, payment of debts of the deceased and execution of legacies.

If there are no assets (assets) and inherited debts (liabilities), the best thing to do after your father’s death is to disinherit..

In fact, the liability for inheritance charges is limited to inherited property, viz. Loans are only payable up to the limit of the value of the remaining assets, and if there are no assets or values, the loans do not affect your personal assets..

however, It is up to the heir to prove that the assets received or not received by the heir are insufficient. Debts must be settled so that his remaining personal assets are not affected by inheritance debts.

So, to avoid that, in the absence of proof, the property itself suffers or even all the time and resources are required to do the proof. The smart thing to do is to reject inheritance.”

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Dantas Rodrigues has been a lawyer since 1993 and a partner at Dantas Rodrigues & Associados. Since 1995 he has been a Professor of Law at the Polytechnic Higher Education.