The widespread belief that an inheritance is always positive can lead to hasty decisions, especially when the heir already has personal debts. Accepting an inheritance implies acquiring both assets and obligations, and if the heir has their own debts, the newly inherited estate automatically becomes collateral for their creditors.
In these cases, the received assets will form part of the heir's estate and will therefore be liable for the debts they already had. The legal logic is clear: by adding these assets to their estate, creditors can claim them to collect what they are owed, according to the family law expert.
“"Be very careful about accepting or renouncing an inheritance if you have debts. Get good advice before doing so, lest some type of liability be derived later."
Faced with prior debts, many heirs consider renouncing the inheritance. However, lawyer Lobo warns that the law allows creditors to go to court to authorize them to accept the inheritance on the heir's behalf if they prove that the renunciation harms them.
In the event of judicial intervention, creditors can only retain the portion of the inheritance necessary to cover the existing debt. If there is a remainder after paying what is owed, it is returned to the heir. Therefore, the expert insists on the need for specialized legal advice before making any decision.
