"A person borrowed a large sum of money but died without repaying it. By law, the heirs are now obligated to return it, but they are delaying and not entering into their inheritance rights. How can I legally act in such a situation? Reader bb.lv"
An inheritance case can be initiated not only by a potential heir but also by other parties. These include the creditors of the deceased, co-owners of the property, the municipality, and others.
To ensure that a creditor can exercise their legal right – to demand the fulfillment of an obligation – the regulatory framework provides the creditor with a number of rights in the inheritance case: to initiate the inheritance case, to invite heirs to express their intention to accept the inheritance, and more.
Returning to the question: in a situation where none of the heirs has initiated the inheritance case, the creditor has the right to initiate it themselves by contacting a notary and submitting an application for the recognition of the inheritance as open, based on paragraph 7 of Article 251 of the Notary Law. Opening an inheritance case is a necessary condition for exercising other rights.
