Спрашивает Анна Тимофеевна из города Зернограда Ростовской обл.
по бесплатному номеру “горячей линии” 8 800 201 28 63
«Добрый день! Я вступила в наследство, написав заявление у нотариуса, свидетельство на имущество не получала, ничем не пользовалась, вклады не снимала. Прошло два с половиной года, нотариус прислал извещение из суда от банка. Оказалось, что у умершего был кредит и банк требует его оплатить. Хочу отказаться через суд от наследства. Как это правильно сделать, какое должно быть основание отказа?»
Уважаемая Анна Тимофеевна!
Принятое наследство признается принадлежащим наследнику со дня открытия наследства независимо от времени его фактического принятия, а также независимо от момента государственной регистрации права наследника на наследственное имущество. Для приобретения наследства наследник должен его принять. Одним из способов принятие наследства является подача наследником нотариусу заявления о принятии наследства, что и было Вами сделано.
В состав наследственной массы входят и долговые обязательства. Каждый из наследников отвечает по долгам наследодателя в пределах стоимости перешедшего к нему наследственного имущества. То есть, если наследник должника принял наследство, то он сам становится должником кредитора умершего, но в пределах стоимости перешедшего к нему имущества. Стоимость перешедшего к наследнику имущества определяется его рыночной стоимостью на время открытия наследства (на день смерти наследодателя).
Срок для отказа от наследства, в том числе в случае, когда наследник уже принял наследство, такой же, как и для принятия наследства, — шесть месяцев со дня открытия наследства.
Отказаться от наследства возможно и после истечения шести месяцев, но только в судебном порядке. Если будет доказано, что наследник пропустил срок для отказа по уважительной причине, когда у него не было возможности для правового оформления своего отказа, тогда суд может признать наследника отказавшимся от наследства.
Однако пропущенный срок для отказа от наследства не всегда возможно восстановить.
Важно, чтобы у вас действительно не было возможности вовремя написать отказ от наследства, поскольку Вам придётся суду обосновать причину пропуска срока, установленного для отказа, например, вашу физическую невозможность по состоянию здоровья направить отказ от наследства нотариусу или в связи с вашим нахождением в дальней командировке, экспедиции. Незнание норм наследственного законодательства, как и непродолжительные проблемы со здоровьем, судом не учитываются.
Также вам придется обосновать и причины отказа от наследства. Такие объяснения, как “передумала” “не знала, что у наследодателя большой долги в банке» или “бремя содержания имущества оказалось тяжёлым”, не будут признаны судом уважительными.
Желаем удачи и меньше проблем с законом!
Остались вопросы? Возникли новые вопросы?
Бесплатный звонок по всей России: 8 800 201 28 63
Напишите в WhatsApp или Viber: +7 991 084 60 77
Общайтесь в Skype: apriori0914
Правовая норма: вопросы и ответы от сообщества «АПРИОРИ | юридическая служба»
40 комментариев к “Правовая норма: вопросы и ответы от сообщества «АПРИОРИ | юридическая служба»”
My spouse and i felt fulfilled Chris managed to deal with his investigation by way of the precious recommendations he obtained through your web site. It is now and again perplexing to simply always be freely giving ideas which usually most people may have been trying to sell. We discover we have you to give thanks to for that. All the explanations you have made, the easy web site menu, the friendships your site help to engender — it’s mostly fabulous, and it’s helping our son and us understand the idea is pleasurable, and that is pretty important. Thank you for the whole thing!
I and my pals have been looking through the best thoughts from the website and so instantly I had a horrible feeling I never thanked the web site owner for those secrets. My ladies were definitely for this reason thrilled to study them and have in effect definitely been taking pleasure in those things. Thank you for turning out to be really thoughtful and then for having these kinds of incredible subject matter millions of individuals are really wanting to be informed on. My personal sincere apologies for not saying thanks to earlier.
My spouse and i ended up being absolutely ecstatic when Emmanuel managed to round up his studies with the precious recommendations he had using your blog. It’s not at all simplistic just to choose to be giving out key points that most people have been making money from. And now we grasp we have the blog owner to give thanks to because of that. The specific illustrations you’ve made, the straightforward website navigation, the relationships you help to foster — it’s most impressive, and it’s aiding our son and the family understand that content is awesome, and that is extraordinarily pressing. Thank you for everything!
I together with my guys have already been looking at the great advice found on the website and then all of the sudden I had a horrible suspicion I never thanked the website owner for them. All of the guys are actually totally very interested to read through them and have in effect sincerely been taking pleasure in these things. Thanks for being well thoughtful and then for opting for this sort of great tips most people are really desperate to learn about. Our honest regret for not saying thanks to earlier.
I and my friends were analyzing the nice key points on your web site and so then developed a terrible feeling I never thanked the site owner for them. All of the boys ended up totally very interested to read through them and have now extremely been having fun with these things. Appreciate your being simply helpful and then for deciding on this form of awesome tips millions of individuals are really desperate to understand about. Our honest regret for not saying thanks to earlier.
I and also my guys have been checking out the good items located on your site and before long I got a terrible feeling I had not thanked the web site owner for those tips. All the boys are already stimulated to study all of them and now have in truth been having fun with these things. I appreciate you for being indeed considerate as well as for considering this sort of essential subject areas most people are really desperate to be aware of. Our own sincere apologies for not saying thanks to you sooner.
I am just writing to let you know of the useful experience our girl obtained studying your web site. She came to understand a lot of issues, including what it is like to possess a great teaching character to have other people quite simply master several complicated subject matter. You undoubtedly exceeded her expected results. I appreciate you for presenting these insightful, healthy, edifying and also easy thoughts on this topic to Emily.
I needed to create you the little remark just to say thank you the moment again on the spectacular thoughts you’ve shown in this article. This is certainly unbelievably open-handed with you to convey without restraint what exactly a lot of folks would have supplied for an e-book to help make some dough for their own end, certainly given that you might well have done it in case you wanted. Those pointers also acted to become fantastic way to fully grasp that other individuals have the same interest just like mine to find out way more related to this matter. I’m certain there are many more enjoyable sessions ahead for individuals who examine your blog post.
I wish to express my appreciation for your kind-heartedness for men who absolutely need help with this important content. Your special dedication to getting the solution across ended up being amazingly important and has constantly enabled workers like me to arrive at their objectives. Your personal informative key points implies a lot a person like me and even more to my peers. Best wishes; from everyone of us.
I intended to compose you that little note just to give thanks as before for all the beautiful suggestions you’ve shared on this website. It has been particularly generous with you to deliver publicly what exactly most people would have distributed for an e book to get some profit on their own, mostly given that you might have done it if you wanted. The principles also acted to provide a great way to be aware that someone else have the identical keenness really like my personal own to learn much more when considering this issue. I’m certain there are several more pleasurable opportunities in the future for many who start reading your blog.
I actually wanted to send a small note to thank you for these awesome pointers you are giving here. My prolonged internet research has at the end of the day been rewarded with brilliant ideas to go over with my neighbours. I would express that many of us visitors are quite fortunate to exist in a useful community with so many awesome people with very helpful pointers. I feel rather fortunate to have seen your entire site and look forward to so many more entertaining moments reading here. Thanks again for everything.
I enjoy you because of all of your effort on this web page. My niece enjoys carrying out investigations and it’s easy to understand why. A lot of people know all about the powerful tactic you give useful ideas by means of this web site and therefore increase contribution from other people on the idea plus our princess is truly starting to learn so much. Enjoy the rest of the new year. Your conducting a glorious job.
Thanks a lot for giving everyone remarkably spectacular chance to read critical reviews from here. It really is very pleasurable plus packed with a great time for me personally and my office peers to search your web site no less than thrice per week to read through the new things you will have. Not to mention, I am also at all times satisfied with all the good creative concepts you give. Certain two facts on this page are clearly the simplest we have had.
I would like to show my love for your kind-heartedness for folks that really need guidance on this concern. Your real dedication to getting the solution across became extremely good and have truly enabled guys much like me to realize their objectives. Your amazing valuable report means so much a person like me and even more to my office colleagues. Many thanks; from everyone of us.
I simply needed to appreciate you yet again. I’m not certain what I might have carried out in the absence of the actual pointers revealed by you over my subject matter. It previously was a real frustrating dilemma for me, but understanding the very professional form you resolved it forced me to leap over happiness. I am just happy for this support and then hope that you recognize what a powerful job you happen to be carrying out teaching men and women using your webpage. I’m certain you’ve never got to know any of us.
I as well as my buddies happened to be checking out the excellent helpful hints found on your site and then before long came up with a horrible feeling I never expressed respect to the web site owner for them. These women were as a consequence warmed to learn all of them and already have absolutely been using them. We appreciate you truly being very considerate as well as for figuring out variety of extraordinary subjects millions of individuals are really eager to discover. My honest apologies for not expressing gratitude to you sooner.
I and my friends have already been viewing the best items from your website and immediately got a terrible feeling I never expressed respect to the blog owner for those tips. Those men appeared to be certainly passionate to learn all of them and now have in reality been making the most of them. Thanks for really being indeed accommodating and for settling on these kinds of fine guides most people are really needing to understand about. Our honest apologies for not saying thanks to earlier.
I definitely wanted to write down a simple note so as to thank you for the unique items you are writing on this website. My extensive internet research has finally been paid with pleasant insight to write about with my relatives. I would state that that most of us readers actually are unquestionably endowed to be in a fine community with very many outstanding people with useful guidelines. I feel very fortunate to have seen your site and look forward to plenty of more fun moments reading here. Thanks once more for a lot of things.
I would like to voice my appreciation for your generosity giving support to folks that really want help with your study. Your personal commitment to passing the solution all-around ended up being pretty insightful and have all the time enabled individuals like me to arrive at their targets. This insightful recommendations can mean much a person like me and a whole lot more to my office colleagues. Thanks a lot; from each one of us.
Thank you for your own efforts on this web page. My niece take interest in going through internet research and it’s really simple to grasp why. My partner and i know all concerning the lively means you make practical items via your website and cause contribution from other people about this topic while our girl is becoming educated a whole lot. Enjoy the rest of the new year. You have been conducting a glorious job.
A lot of thanks for all your labor on this website. My aunt takes pleasure in setting aside time for internet research and it’s easy to see why. A number of us learn all concerning the powerful method you create simple things by means of this website and as well boost participation from some others about this theme then our child is always becoming educated a great deal. Have fun with the rest of the year. You are always performing a pretty cool job.
I precisely had to thank you so much all over again. I’m not certain what I might have made to happen without the solutions discussed by you concerning this industry. Completely was an absolute traumatic matter for me personally, nevertheless viewing the well-written strategy you solved that forced me to leap over happiness. I will be thankful for the work and even wish you recognize what a powerful job your are doing training others with the aid of your website. More than likely you’ve never come across all of us.
I want to show thanks to the writer for bailing me out of this circumstance. Just after searching throughout the the web and seeing tips which were not pleasant, I assumed my entire life was gone. Being alive without the answers to the issues you have fixed all through this short article is a crucial case, and the kind that might have in a wrong way damaged my career if I hadn’t noticed your web blog. Your good skills and kindness in taking care of every aspect was very useful. I don’t know what I would’ve done if I hadn’t come across such a subject like this. I can at this point relish my future. Thanks very much for your skilled and sensible help. I won’t be reluctant to recommend the sites to any person who wants and needs guide on this issue.
My husband and i felt now excited that Michael managed to deal with his survey with the ideas he made from your own web pages. It’s not at all simplistic just to be giving for free facts which other people could have been trying to sell. And now we see we need the writer to be grateful to for that. The specific illustrations you have made, the easy website navigation, the relationships you make it possible to foster — it’s got most wonderful, and it is assisting our son and us reckon that the concept is brilliant, and that is exceedingly important. Thank you for all!
I have to convey my appreciation for your kind-heartedness giving support to those people who really need help with this question. Your real commitment to getting the solution across came to be pretty interesting and have regularly helped regular people just like me to achieve their targets. The invaluable useful information implies so much a person like me and still more to my office colleagues. Thanks a lot; from everyone of us.
I’m commenting to make you be aware of what a awesome discovery my princess went through going through your webblog. She learned a lot of details, most notably what it is like to possess an amazing helping heart to get many people really easily grasp specified advanced topics. You really exceeded readers’ expected results. Thank you for showing these effective, trusted, edifying as well as unique guidance on the topic to Mary.
I wish to convey my affection for your generosity in support of folks who actually need help on this issue. Your real dedication to passing the message around had been surprisingly beneficial and have really helped ladies like me to achieve their ambitions. This invaluable help and advice means a lot to me and extremely more to my peers. Many thanks; from each one of us.
I have to get across my appreciation for your generosity for folks who have the need for assistance with the content. Your special commitment to getting the solution around appears to be extremely important and has always permitted others like me to get to their ambitions. This invaluable information implies this much to me and somewhat more to my mates. Warm regards; from all of us.
I needed to draft you a bit of note to help say thanks a lot as before on your awesome advice you have featured on this website. This has been quite particularly open-handed with people like you to provide without restraint what a number of us could possibly have distributed as an e-book to earn some cash for their own end, precisely since you could possibly have tried it in case you considered necessary. These tricks as well worked like the fantastic way to fully grasp the rest have the identical passion just like my personal own to understand much more with regard to this condition. I am certain there are several more enjoyable instances up front for folks who view your site.
I wish to show my respect for your kind-heartedness supporting those people who really need guidance on this one content. Your special dedication to passing the message up and down has been rather invaluable and have empowered women like me to achieve their endeavors. Your new warm and friendly suggestions indicates so much a person like me and substantially more to my colleagues. Many thanks; from each one of us.
I must convey my love for your kindness for people who have the need for help with that content. Your real dedication to getting the solution all-around turned out to be remarkably useful and has usually allowed ladies much like me to realize their ambitions. Your own interesting recommendations entails so much a person like me and even further to my office colleagues. With thanks; from each one of us.
I precisely needed to thank you very much yet again. I do not know what I could possibly have undertaken in the absence of those tactics provided by you on that question. It was before a difficult difficulty in my opinion, nevertheless discovering a expert form you dealt with it forced me to cry over gladness. I am just thankful for your guidance and in addition believe you really know what a powerful job you are putting in teaching others through your websites. I know that you haven’t got to know any of us.
I must express my admiration for your kindness supporting men who really want help on this one content. Your very own commitment to passing the solution along had become exceedingly interesting and has frequently empowered regular people much like me to achieve their aims. The interesting key points implies a lot a person like me and even further to my peers. Thank you; from all of us.
I together with my pals appeared to be looking at the nice tips from the website and so before long developed a horrible feeling I never expressed respect to you for those secrets. My men were definitely so excited to read through them and have without a doubt been tapping into these things. Thanks for actually being really thoughtful as well as for deciding upon such incredible resources most people are really desperate to be informed on. Our own sincere apologies for not saying thanks to you earlier.
I in addition to my buddies were actually analyzing the best items on the blog then all of a sudden got a terrible feeling I never expressed respect to the blog owner for those strategies. My people are actually consequently passionate to learn them and have now without a doubt been loving these things. Appreciation for truly being so kind and then for making a choice on varieties of superb resources most people are really desperate to be aware of. Our sincere apologies for not expressing appreciation to sooner.
I and also my guys came analyzing the nice ideas located on the website and so before long got a horrible suspicion I never expressed respect to the site owner for those tips. My boys became so excited to learn them and have now sincerely been using these things. I appreciate you for indeed being so helpful as well as for having these kinds of superb tips most people are really eager to be informed on. Our own honest apologies for not saying thanks to you sooner.
I just wanted to make a simple word to say thanks to you for the fabulous information you are placing at this site. My considerable internet research has at the end been honored with sensible concept to exchange with my close friends. I ‘d point out that many of us readers actually are rather lucky to live in a fine website with many wonderful individuals with great guidelines. I feel very much fortunate to have come across your site and look forward to many more entertaining minutes reading here. Thank you again for a lot of things.
A lot of thanks for your own labor on this blog. Ellie takes pleasure in doing research and it’s obvious why. Most people know all about the lively tactic you create effective tactics through this web blog and in addition encourage contribution from other individuals on this matter so our favorite princess is certainly discovering a great deal. Have fun with the remaining portion of the new year. You are performing a tremendous job.
I enjoy you because of your own work on this web site. Ellie delights in carrying out investigation and it is easy to understand why. Many of us hear all concerning the compelling mode you provide both interesting and useful suggestions by means of your blog and as well as invigorate contribution from website visitors on that point then our daughter is really studying a great deal. Take advantage of the remaining portion of the year. You’re conducting a fabulous job.