My uncle inherited an apartment and a car, but it turned out there's a mortgage and loans on them. Can he just refuse the inheritance now, or is it too late? And what happens to the debts next - will they transfer to my mom or stay with the property?
The key point is whether your uncle has actually accepted the inheritance. If he hasn't signed any documents at the notary yet and hasn't used the apartment or car, he can refuse the inheritance within six months from the date it opens. Then the debts won't transfer to him - they'll remain in the estate assets, so to speak, and can be paid off from the value of the property when it's sold.
The problem is that after six months pass, refusing becomes much harder. If the documents have already been issued in his name or he's been managing the property in fact, the court may not accept the refusal without serious grounds. In this case, your uncle becomes responsible for the debts up to the value of the inherited property - that is, the debts won't transfer to your mom, but they'll be paid off through selling the apartment and car.
The advice is simple: if your family has agreed that your uncle doesn't want this inheritance, you need to file a refusal at the notary as soon as possible. Then the property can go to the next in line (your mom or other heirs), and they can decide whether to take it with the debts or refuse it too.
Has your uncle already accepted the inheritance or not yet?
If he hasn't accepted the property and hasn't used it, he can refuse within six months from the date of the testator's death - the debts won't transfer to him or to your mom. But if he's already accepted it (he's using the apartment, driving the car, paying taxes), then it's too late to refuse, and the creditors will demand that the debts be paid from the inherited property. Your mom's share can only be affected if she's also an heir and has also accepted the inheritance - in that case her property can be affected by collection, but again only within the limits of what she inherited.
The main thing is to check whether your uncle went through official registration of the inheritance with a notary and whether the actual transfer of property took place. That will determine whether he can still refuse.
The key thing here is what stage the situation is at. If your uncle has already signed documents accepting the inheritance or used the property (for example, lived in the apartment, drove the car), then refusing will be much harder - the court might not accept such a refusal because he'd be considered to have accepted the inheritance in fact.
If he hasn't officially accepted anything yet and hasn't touched the property, then within six months from the date of death he can file a statement of refusal. A refusal isn't just a personal decision; it needs to be formalized with a notary. Important thing to keep in mind: the refusal can be unconditional (he simply refuses) or made in favor of someone (for example, in favor of your mom). If he refuses without redirecting it, the inheritance will go to the next heirs in line according to the law.
The debts make things trickier. If your uncle refuses, creditors can file claims against the property itself (the apartment and car will be sold to cover the debts) or against your mom, if she accepts the inheritance. Your mom needs to be careful: if she takes the inheritance, she automatically becomes liable for the debts up to the value of the property she received. It's best to clarify everything with a notary or lawyer before making a decision.
Did your uncle already use this property or just find out about the debts? Because the guys above are basically right, but they're missing an important point - if he's already formally accepted the inheritance (got a certificate), but hasn't used the property, he can still refuse it, but he needs to file a lawsuit instead of just telling creditors no. If he hasn't touched anything at all and didn't sign any papers, then yeah, the six-month deadline to refuse at the notary's office is actually way easier. Either way, the debts will stay attached to the property itself and won't transfer to your mom if she wasn't a co-borrower on the loans.
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