23 Jan Is it possible to distribute an inheritance without the heirs agreeing?
After losing someone close to you or your family, some bitter feelings may arise. Moreover, close relatives have to deal with quite an important matter: the distribution of the inheritance.
Best case scenario, all the heirs agree on the terms of the distribution. However, some problems may arise when the parties do not come to an agreement. Doing so is not that easy and the question is evident: is it possible to distribute an inheritance without the full agreement of the heirs? Keep reading this article and you will find all the answers.
Accept or renounce inheritance
Before the distribution of the inheritance, heirs must decide between accepting or renouncing it. Besides, the distribution process will be different whether there is a written will or not.
Of course, having a will makes this process much easier, as the deceased is the one who decides what to do with the estate. In that case, one must only follow what is stated on the document, provided this is within the boundaries of the law.
Rejecting an inheritance means an heir willingly states they are not interested in accessing their portion of the estate or debts. To renounce an inheritance, there has to be a written legal document stating the heir does not want to be considered as such. This statement is irrevocable and it can’t be partial, that is, heirs renounce the totality of the inheritance, assets, debts and liabilities.
Accepting an inheritance means heirs accept their condition of such and want to access both assets and debts. This is a free, individual and willing act. Just as the other, this option is irrevocable and it can only be turned over if there is proof that the heir’s judgment is under coercion.
Types of acceptance of an inheritance
There are two types of acceptance: outright or under benefit to inventory.
This means the heir inherits the assets, debts and liabilities. If needed, they will answer not only with the assets of the inheritance, but with their own assets. The effects of this type of acceptance are endless. The acceptance can be expressed or implied. In the first case, there is a legal document, but it can also be implied by certain acts that lead to assume the heir’s willingness to accept the inheritance.
Under benefit of inventory
The effect of this kind of acceptance is limited, that means that the heir accepts the inheritance subject to the assets in it. They pay the debts only with what is in the estate and do not risk their own estate.
It is worth mentioning that accepting an inheritance under these terms is a bit more expensive due to the costs of the proceeding, but it is highly convenient when heirs do not know the full extension of the debts.
Can an inheritance be distributed without the heirs agreeing?
The short answer is yes, it is possible, but there are some steps to follow here. Some possible scenarios are that the heirs do not accept the distribution of the estate for different reasons. However, it may also happen that they stay silent about it, that is, they do not accept nor reject the inheritance.
Whatever the situation, in this case, they will be facing a blocking in the inheritance and it is suggested that they look for inheritance professionals to help them deal with this unpleasant situation. With the help of a professional in the field, heirs will have the option of going through a mediation before taking any legal actions such as interjection or a civil lawsuit.
Of course, nobody wants to go through such a process after losing someone, so having the right team of lawyers to get support in this situation is of the essence.
If you are in need of an inheritance professional, do not hesitate to contact us. We will gladly assist you!