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This analysis is wrong. One inherits the debts, but only up to the value of the assets inherited. See Art. 1.792 Art. 1.792. O herdeiro não responde por encarg

This analysis is wrong. One inherits the debts, but only up to the value of the assets inherited. See Art. 1.792 Art. 1.792. O herdeiro não responde por encargos superiores às forças da herança; incumbe-lhe, porém, a prova do excesso, salvo se houver inventário que a escuse, demostrando o valor dos bens herdados. Free translation: Section 1792. The heir is not liable for charges greater than the forces of inheritance: it must, however, provide evidence of excess, unless there is inventory to excuse himself, demonstrating the value of inherited assets.

euroclydon 13y ago
Oh, well that's effectively no different than probate.
speeder 13y ago
I did not saw that, thanks. Although you must still prove yourself that the debt exceeds the assets, this can get very problematic in some cases (like I guy I know that AFTER he died, people found out that beside his official wife and his 2 previous divorced wives, he also had 5 other "marriages", and the 7 women did not knew each other, he had children with all of them, and each one thought he owned a different business... this case is still in inventary hell, but last I heard of it, they concluded each child will inherit 10 million BRL each plus lands... but they don't started yet counting the debts... also, all of the women were correct, he never lied about what he owned, only he never presented anyone with the full truth, to each one he presented himself owning a different business he really owned, I wonder how the guy pulled that off)
- reginaldo 13y ago
  Wow... My father is a civil lawyer and deals with inventories regularly, but I don't think he's ever gotten a case so contrived. And I fully agree that having to prove the debt exceeds the assets is a major annoyance. Anything that puts the brazilian justice system in your back (especially in this case where the burden of proof is inverted), is a nightmare.

euroclydon 13y ago

Oh, well that's effectively no different than probate.

speeder 13y ago

I did not saw that, thanks. Although you must still prove yourself that the debt exceeds the assets, this can get very problematic in some cases (like I guy I know that AFTER he died, people found out that beside his official wife and his 2 previous divorced wives, he also had 5 other "marriages", and the 7 women did not knew each other, he had children with all of them, and each one thought he owned a different business... this case is still in inventary hell, but last I heard of it, they concluded each child will inherit 10 million BRL each plus lands... but they don't started yet counting the debts... also, all of the women were correct, he never lied about what he owned, only he never presented anyone with the full truth, to each one he presented himself owning a different business he really owned, I wonder how the guy pulled that off)

reginaldo 13y ago
Wow... My father is a civil lawyer and deals with inventories regularly, but I don't think he's ever gotten a case so contrived. And I fully agree that having to prove the debt exceeds the assets is a major annoyance. Anything that puts the brazilian justice system in your back (especially in this case where the burden of proof is inverted), is a nightmare.