I just realized something that many heirs don't see coming. When someone passes away, most believe that debts disappear with the person. Big mistake. Argentine law protects you up to a point, but there are three situations where that protection crumbles like lizards in the sun.



The general rule is clear: heirs are responsible for the deceased's debts only with what they inherit. If the estate isn't enough to cover them, that's it. The Civil Code (Código Civil) states that liability has a limit: the received assets (Bienes Personales). Nothing more. But here’s where it gets complicated.

First, if there are tax debts (Monotributo, Income Tax (Ganancias), Personal Assets (Bienes Personales) ) and you don't do the inventory when ordered by the court, you're screwed. You lose the benefit of limited liability. The AFIP or ARBA can go directly after your savings, your salary, your accounts. It's as if the State has a lizard ready to climb your personal assets.

Second case: "propter rem" debts. It sounds strange but it's simple. If you inherit an apartment with overdue expenses or ABL, that debt travels with the property. The condominium or the municipality can auction off the property regardless of who the owner is now. Many heirs end up paying out of pocket just to prevent the inheritance's value from being liquidated with late fees. It's the least bad option.

Third scenario: if you start selling the deceased's belongings (electrodomésticos, jewelry, cars ) or withdraw money from their accounts before the judge authorizes it, you're making a serious legal mistake. Creditors will argue that you accepted the inheritance fully and are responsible for paying everything with your own money. Improper disposal of assets (disposición indebida de bienes) = loss of protection.

One good thing: not everything is inherited. Credit cards and personal loans (préstamos personales) usually have Life Insurance on the Debtor Balance (Seguro de Vida sobre Saldo Deudor) that automatically cancels. Traffic fines (multas de tránsito) are also not inherited, although you must pay them if you want to sell the vehicle.

The moral: if you inherit something, treat it like an administrator, not an owner. Respect deadlines, declare everything, and let the judge settle the debts. Because if you don't, you'll end up paying out of pocket as if you were the deceased themselves.
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