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APPROVED RECOMMENDATIONS ON THE MANAGEMENT OF INHERITANCE CASES IN CASE OF BANKRUPTCY

The Moscow City Notary Chamber published "Methodological recommendations on some issues arising in notarial practice when conducting inheritance proceedings in case of bankruptcy of the testator and in case of bankruptcy of the heir" dated March 30, 2023. The document contains instructions regarding the duties of notaries to conduct inheritance cases in the event of bankruptcy of the testator, where it is noted ...

THE SUPREME COURT EXPLAINED THE TAX NUANCES OF BANKRUPTCY OF THE HEREDITARY MASS

After the death of the testator, a bankruptcy case was initiated, during which the estate was included in the bankruptcy estate. Despite this circumstance, the tax service has submitted claims to the heirs for the payment of land tax, property tax on individuals, as well as contributions ...

THE SUPREME COURT HAS DEFENDED THE INTERESTS OF THE CHILDREN OF THE DECEASED BANKRUPT

The Supreme Court of the Russian Federation defended the rights of the heirs of a bankrupt who died before the completion of the trial. The stumbling block was residential real estate, which the children of the deceased were to receive ownership after the death of their father. The courts of lower instances refused to exclude the ...

THE COURT EXPLAINED WHAT TO DO WITH THE MISSED INHERITANCE PERIOD

... significantly violates the norms of procedural law. The court of first instance did not check whether the settlement agreement violated the rights and interests of other persons, and also did not certify the fact of the plaintiff's acceptance of the inheritance, while ignoring the arguments of the representative of the administration about the status of the property as extortionate. As a result, the settlement agreement was approved by the court without legal grounds and to the detriment of the rights ...

SUPREME COURT : INTEREST IS STRONGER THAN INHERITANCE

In the framework of the bankruptcy case of a citizen (No. A40-29205/21), the courts considered an application for inclusion of the creditor's claim in the register. The claim was based on an agreement on the procedure for repayment of the debt acquired by inheritance. Subsequently, by a court decision, monetary funds in the amount of hereditary property were recovered from the debtor in favor of creditors, including the applicant. The courts of three instances, having considered the application, partially ...

THE LOSS OF THE COLLATERAL DOES NOT TERMINATE THE SECURITY

As part of the bankruptcy case of the inheritance estate, the bank applied to the court for the inclusion of a collateral claim in the register (case no. A72-1859/21). The courts of two instances partially satisfied the application, based on the presence of an outstanding amount of debt,...

HEIRS ARE NOT ALWAYS RESPONSIBLE FOR THE DEBTS OF TESTATORS

The creditor applied to the court for declaring the citizen bankrupt (case no. A24-3604/23). The courts of the first and appellate instances recognized the application as justified, taking ... ... funds directly from the heir - debtor who inherited within the time limit established by law, in the amount of the value of the inheritance mass accepted by him. The courts pointed out that since the applicant's claims were documented, including by judicial ...

SON FOR FATHER: VS DEMANDED TO EVALUATE THE PROPERTY OF THE HEIR

... thousand rubles from him for a car purchased by his late father from the company Promextek. The reason for this decision was the bankruptcy of the company and the subsequent recognition of the transaction as invalid. Bogdanov Sr. completed the deal in ... ... the value of a specific property that passed to him from his father. Since by the time the case was considered in court, the inheritance estate had not yet been formed, the court considered the collection of the testator's debt to be inconsistent with ...

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