What is inherited upon someone’s death
Inheritance encompasses a wide range of aspects, including physical and legal elements. In legal terms, inheritance refers to the transfer of a deceased person’s assets, rights, and obligations to the heirs.
However, this definition does not provide a complete understanding. Let’s delve into the specifics of inheritance: what is transmitted, when it occurs, what is not inherited, and the rights of the heirs.
Upon death, only those who accept the inheritance become heirs. They assume all legal relationships, including assets, debts, and rights held by the deceased. For example, a house owned by the deceased becomes part of the inheritance, as do any outstanding debts.
Debts are shared among heirs through a pro indiviso co-ownership. Each heir acquires a proportional share, while being responsible only for their portion of the debt. Assets are divided accordingly, granting each heir an ideal share.
Inheritable rights encompass various property rights, including redemption, contract termination, withdrawal, and purchase rights. Certain rights, such as severance pay, final wages, and survivor’s pensions, are transferred to family members independently of inheritance renunciation.
Nonetheless, certain rights cannot be transferred through inheritance. These include real rights tied to the deceased’s life, contracts based on personal trust relationships, personal rights, family statuses, public law obligations, and rights closely linked to the deceased’s person.
Debts of the deceased, known as hereditary debts, are inherited by the heirs, including the principal amount and subsequent interest. However, some debts, like criminal sanctions, gambling debts, and personal contracts, do not transfer to the heirs.
In summary, inheritance involves the transfer of assets, debts, and rights to heirs, subject to legal conditions and exceptions.
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