ATTENTION! Text translated automatically from the Polish version.
Pursuant to Art. 139 of the Family and Guardianship Code, the maintenance obligation does not pass to the heirs of the person obligated to pay maintenance. This means that after their death, it is not possible to demand that future maintenance payments be paid by their heirs.
The situation is different with maintenance debts. Maintenance debts are understood as maintenance installments that were not paid by the obligated party before their death. According to a resolution of the Supreme Court (ref. III CO 36/65), maintenance installments that became due during the life of the entitled person and were legally awarded belong to the estate of the entitled person. In this situation, the heirs of the deceased maintenance debtor will be obligated to pay the due and overdue maintenance installments.
If they are not willing to fulfill this obligation, they may decide to renounce the inheritance, which will however mean that they receive nothing from the estate left to them. This solution may prove unfavorable, as the deceased, in addition to liabilities in the form of maintenance installments, may have also left assets of significant value, such as real estate.