The testament is a legal instrument that is granted in a public notary, when a person decides the destination of their goods, rights and obligations for after his death, among these are debts.
September is the month of the will, and there are notarial days so that people with movable or immovable property establish the inheritance for their relatives at a low cost.
However, an inheritance is not always to obtain an asset, obligations are also obtained, as in the case of executors, guardians or curators.
Executors in wills
The executor of a will is the person designated in the will to be responsible for enforcing the last will of the testator.
After accepting his position, he will be in charge of taking care of and giving destination to the goods that the Will provides. Its main function, once the testator dies, is to comply with the Will, for which it must go before the Notary and present the testator’s death certificate and the testament testimony.
The Notary Public will indicate to the executor the procedure to follow and will initiate the succession process. Finally, it will prepare the respective deed of adjudication by inheritance of the assets of the succession in favor of the heirs or legatees.
Guardians and curators in wills
If the heirs are minors, it is convenient that a guardian be appointed, who may be any capable person, and will be in charge of the custody, custody and representation of the minor or the incapacitated person, when their parents have died.
The guardian in no case can dispose of the goods that have been left to the minors, Unless authorized by a Judge. The guardian cannot serve until both parents of the minor have died.
In addition to the figure of the tutor, there is that of the curator, who is the person in charge of monitoring the behavior of the tutor.
What about the debts of the deceased person who leaves a will?
Among the obligations that a will leaves are also the debts of the deceased person.
In this case, The total of the assets that make up the testator’s inheritance will respond to the payment of the debts to the extent that their value reaches. If the amount of the debt exceeds the sum of the assets, the heirs will not have the obligation to accept the inheritance, and if it is less, they will be able to pay it off and keep the rest.
If you were interested in this news and want to know more, then download and discover INFORMAPlus, the digital application of THE REPORTER, where we have exclusive content, selected by our editors, to give readers a more complete experience.
Download the application and try it FREE for thirty days.
If you are a subscriber of EL INFORMADOR, your access is included, request it at 33 3678-7777