Accept with benefit of inventory


Questioner

My Client is married in community of property. Last month her partner suddenly passed away. There are after-tax debts that my client is not aware of. Is it possible to accept his inheritance under benefit of inventory despite the fact that they were married in community of property?

Lawyer

Yes, I assume she is an heir and if there are more, they will also have to accept the inheritance under benefit of inventory. That can, however, become difficult with the presence of real estate and the right of usufruct of the home if the burdens exceed the benefits.

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