Inheritance with debt

Questioner

My father passed away in February this year. My mother is left with a considerable tax debt. We are going to ask for a waiver, but we were asked if we had made a beneficiary acceptance. We have not, because we had never heard of it. Is there another way to get rid of the debt, or can we have a deed drawn up six months later? Are there other ways we should go? Thank you very much for the information! And effort and time!

Lawyer

Was the inheritance accepted purely by all heirs or did no one do anything? The law connects inaction to the acceptance, but there is no term for beneficiary acceptance by an heir who has not yet performed any actions. (removing items, clearing out the house, closing a bank account, etc.) The other heir can still accept beneficiarily, so that the inheritance is settled for everyone.

Questioner

Hi Monique, thank you so much for your time and effort in answering! Everything has now been put in my mother's name and my father's bank account has been closed and transferred to my mother. My mother still lives in the rented apartment where she lived with my father. The car has been sold. Everything he is a member of has been closed and deregistered. Is it still possible? Grateful greetings, Esther

Lawyer

Only if there is an heir who has not acted. A brother or sister or those who take their place.

Questioner

So then my uncle, my father's brother, would have to draw up a deed for my mother? Officially the tax debt is of course also my mother's... (marriage in community of property) And then I don't have to request a waiver? Sorry, I find this quite difficult material😊

Lawyer

Indeed, if he is an heir, he must still accept beneficiary. But you only now say that the debt falls into the marital property. Then it is more difficult to answer without knowing all the facts, unfortunately.

Questioner

Ah, sorry, it's hard to fit everything into an email. I guess only my mother and I are heirs. Thanks for your time!!! Very nice! Grateful greetings, esther