When a person dies, the inheritance does not always automatically pass to his or her heirs. There is an intermediate period known as recumbent inheritancea legal situation in which the deceased’s estate still exists, but has not yet been accepted by anyone. During that time, as lawyer Pablo Ródenas warns, making certain decisions can have important consequences.
“Do you know what a lying inheritance is? It is the moment in which someone dies, but no one has yet accepted the inheritance,” explains the lawyer in a video published on his TikTok account.
What is a recumbent inheritance and what happens to the assets
As the lawyer details, this phase can generate many doubts among potential heirs. “Imagine this. The house closed, the receipts arriving and the bank account intact and everything still exists, but without a clear owner,” he points out.
During this period, even if there is no defined owner, the assets remain active. That is, it does not disappear or become paralyzed. “And during that time the inheritance continues to function. Debts can be paid, assets managed or lawsuits received,” he adds.
From a legal point of view, this situation is recognized in the Spanish legal system. He Civil code contemplates the existence of the recumbent inheritance until its acceptance or repudiation by the heirs occurs (articles 657 and onwards). Furthermore, jurisprudence has recognized that this mass of assets can be the subject of legal relationships, such as the payment of debts or defense in legal proceedings.
The risk of accepting the inheritance without knowing it
The key point, as Ródenas warns, comes when potential heirs act on those assets without having made a formal decision. “But here comes the important thing, because doing certain acts such as using or selling the home may imply that you are accepting the inheritance without realizing it,” he warns.
This type of behavior can be legally interpreted as a tacit acceptance of the inheritance. That is, even if no document has been signed, the law can understand that the heir has accepted by carrying out acts that would only correspond to the person who is already the owner of those assets.
And this has direct consequences. “And that implies that they inherit the assets, but also the debts,” the lawyer emphasizes. In this sense, the Civil Code establishes that the acceptance of the inheritance can be express or tacit (article 999), the latter occurring when the heir performs acts that necessarily imply his willingness to accept.
Why it is important to inform yourself before acting
The warning is clear: before using, renting or selling any inheritance property, it is essential to know the legal implications. Accepting an inheritance not only gives the right to receive assets, but also obliges you to respond for the deceased’s possible debts.
Therefore, experts recommend carefully analyzing the financial situation before making decisions. In some cases, it may be advisable to accept the inheritance for the benefit of inventory, a formula that allows limiting liability for debts.
In short, the recumbent inheritance is not a simple procedure, but a key phase in which any action can make a difference. As Pablo Ródenas summarizes, a seemingly harmless gesture can turn someone into an heir “without realizing it” and with all the legal consequences that this entails.