Правовая норма: вопросы и ответы от сообщества «АПРИОРИ | юридическая служба»

https://vk.com/apriori_rd
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!

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  40. Уведомление: bez-diploma

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