Are Social Security debts inherited? – discover the answer
When a person dies, he leaves his heirs an estate, composed of both assets and rights and debts and obligations. When we accept the inheritance, unless we do it for the benefit of inventory, we inherit the debts and obligations of the deceased and we will become jointly and severally liable for the debts of the deceased if it is established in these.
This is the case of debts that the deceased would have contracted with Social Security arising from the non-payment of contributions and other obligations. In this case, it is debtors who did not pay the quotas, the jointly and severally liable, subsidiary and the successors mortis causa of the debtor, that is, the heirs. In the following article of info-grinik we answer the question: are Social Security debts inherited? Keep reading to find out.
Claim of the debt
Once the Treasury services have detected that there is an heir or several, they will claim the debt that the deceased had contracted. This claim will not only be limited to the money owed by the deceased, but also to the interest derived from the non-payment of the debt and other costs derived from it.
Once the debt has been claimed from us, as we have become jointly and severally responsible for it, if with the assets left by the deceased it is not enough to satisfy it, we will have to respond with our patrimony.
We must remember that we become jointly and severally liable whether we have accepted the inheritance expressly or tacitly, that is, performing any act that implies that we have accepted it, such as disposing of any of the assets included in it.
What to do if I inherit a Social Security debt
Let’s see below what are the possible ways of acting in the situation of inheriting a Social Security debt:
- Pay and put one’s estate at risk: if the heirs accept the debt, they will have to pay the debt in full and respond as if they were the deceased himself. They are responsible for everything and if they do not have enough liquidity to face the payment, you will also have to respond with their own assets.
- Pay the debt only with the inheritance: if you want to avoid putting your own patrimony at risk, there is the possibility of accepting the inheritance for the benefit of inventory. This means paying the debt only with the assets of the inheritance and acquiring the rest of the assets once the debt has already been paid.
- Do not pay: to not pay the debt, you can reject the inheritance so as not to have to face any payment.
How to avoid inheriting a Social Security debt
In order not to become debtors of Social Security by inheritance, we have two ways: we can accept it for the benefit of inventory or reject the inheritance.
In the first case, the debts with the property of the deceased will be satisfied and, if there is any assets left, we will inherit it, and in the second we will not inherit anything, neither debts nor property. Normally, the most beneficial option is acceptance for the benefit of inventory.
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