It’s my understanding that’s not correct in Taiwan. I know in the US, and perhaps most countries, one can’t inherit someone else’s debts unless one signed a contract agreeing to that. But it’s my understanding in Taiwan, at least if you affirmatively state a desire to inherit your father/mother/uncle/grandfather/spouse’s assets, if it turns out the liabilities exceed the assets you are then screwed and committed to assume liability for hte assets. [/quote]
“The Legislative Yuan yesterday (2008) officially ratified a set of revisions to the inheritance regulations under the Civic Code, allowing all inheritors to repay only part of debts by using the assets they inherit, if the debts exceed the assets they inherit.” (Click on the link to read more.)
chinapost.com.tw/taiwan/nati … itance.htm
[quote=“Mother Theresa”]But for all I know it may go beyond that and perhaps one could become liable by default, by not expressly rejecting any claim by a certain deadline. I’m not saying that’s how it works here, just saying I don’t know and perhaps that may be the law.[/quote]It’s not.
Article 1148 of the Taiwan Civil Code: [quote]“an heir assumes all the rights and obligations pertaining to the estate of the decedent at the time of the commencement of the succession…”
Article 1148: [quote]“An heir’s obligations to the debts of the estate resulting from a surety contract, which arises after the commencement of the succession, is limited to the extent of the property acquired form the estate.”[/quote]
Article 1176: [quote]“Where a person, who becomes an heir due to the waiver of other heirs, comes into a limited succession or waives his or her right to the inheritance, such limited succession or waiver must be conducted within three months after becoming aware of his or her right to the inheritance.”
In simple terms, the OP’s wife has to be legally notified first. Since she is not in Taiwan, this is not going to happen anytime soon. Once she is legally notified, she has three months to waive her right to inheritance. No need to rush to Taiwan to waive inheritance on an insolvent estate. Even if the OP’s wife came back to Taiwan to manage the succession, she wouldn’t be liable for any monetary obligations incurred by the deceased.