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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

... 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 ...

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 ...

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 property from the bankruptcy estate, since the heirs were registered in the mother's apartment, although it was pledged by the bank. The woman complained to the Supreme...

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

... recognized the application as justified, taking into account the universal succession that took place and the recovery of 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 acts of the court of general jurisdiction, and applied to the debtor the bankruptcy procedure of a debtor citizen on general ...

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

... revision of the court verdict. The instance decided that the responsibility of the heir is possible only within the scope of 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 the norms of law. However, the district court, where the bankruptcy trustee sent the complaint, recognized the decision of the ...

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 to state funds. According to the Federal Tax Service, since the property was registered for the heirs, they were the payers of mandatory payments. The court of first instance satisfied the claim in terms of collecting...

Parliamentarian Yevgeny Fedorov spoke in favor of the abolition of tax on the sale of inherited housing

... Kotyakov. According to current laws, heirs have the right to sell the received property only after 3 years of ownership. Fedorov noted that this rule created additional obstacles for those Russians who already had housing and would like to sell their inheritance. In this case, they had to pay a 13% tax on the sale or wait 3 years, but at the same time pay for utilities. According to RT, Fedorov advocated the abolition of tax on the sale of one type of real estate - inherited. The deputy notes that ...

District Court: how to deal with a complaint of deceased person

... regarding which the debtor asked to reduce the penalty, in the register of creditors’ claims. Unfortunately, the applicant had died after filing the complaint. The court of appeal suspended the proceedings until the debtor's successors entered the inheritance and received the relevant certificates. Later, the creditor and the bankruptcy trustee appealed to the court with a demand to resume the proceedings, but their claim was rejected. The motivation of the court was that the circumstances that ...

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