Anh Duc, 40, has sought legal counsel regarding a significant debt. He lent 5 billion dong to a relative, with the loan documented and now overdue, but the borrower has yet to repay it.
His concern deepened upon discovering that the borrower's parents had passed away, leaving behind an estate valued at tens of billions of dong. The borrower is among the rightful heirs to this substantial inheritance.
However, the family members have not yet reached an agreement on how to divide the estate, leaving the assets undivided. This situation prompted Anh Duc to explore his legal options for debt recovery.
Anh Duc understands that current law generally prevents heirs from refusing an inheritance if the refusal is intended to evade financial obligations to others. Based on this understanding, he aims to petition the court to intervene.
He wishes to request the court to divide the estate and specifically determine the portion of assets the borrower is entitled to. This would establish a clear source for him to recover the 5 billion dong debt.
Anh Duc has two key questions for legal experts: "Does a creditor have the right to initiate a lawsuit demanding the division of assets left by the borrower's parents?"
He also asks: "If the borrower does not accept or request the division of the inheritance, can the creditor petition the court to determine their inheritance share to satisfy the debt?"
Binh Nguyen
Legal advice from lawyer Nguyen Thai Quynh Tram.
