September is the month of the will and if you are thinking of carrying out this procedure but you do not know how or what kind of things you can inherit and to whom, we will give you the details.
What assets can be inherited?
When talking about inheritance, some of the first things that come to mind are real estate or money, but it is not everything that can be inherited. Inheritable assets can be tangible and intangible, that is, anything material up to rights to a brand.
Lawyer Adriana Calderón told Expansión that article 1281 of the Civil Code of Mexico City states that “inheritance” is the succession in all the assets of the deceased and in all their rights and obligations that are not extinguished by death.
In addition, he explained that it is necessary to take into account that the inheritance is a generality, because when the testator designates a specific person to receive some good, it is called a legacy.
Article 1290 of said code states: “The legatee acquires the right to the pure and simple legacy as well as to the certain day, from the moment of the testator’s death.”
Is it necessary to prepare a list of assets to make the will?
It is not necessary, unless the testator wants to leave something special to someone, that is, a legacy. In that case, it will be necessary to mention to the Notary the exact location of the property or precisely identify the personal property in question, as well as the full name of the person to whom it will be granted after the death of the testator.
Thus, it is not necessary to make a list of the assets, nor will it be necessary to show the deeds of ownership of the real estate, the testator only needs to state to the Notary who or whom he will name as heirs .
Are debts also inherited?
In general, yes. However, there are some exceptions, for example, in the case of a car loan, if the owner dies, the debt is settled , except for specific situations in which the clauses of the contract indicate something different.
It is important to review each contract to identify specific situations. For example, although the debt is settled in the event of death, there are clauses that specify that this will not happen if the death was “premeditated”, for example in the case of suicide.