If a person had a loan, and he died. Should relatives pay a loan instead of a deceased person?

If a person had a loan, and he died. Should relatives pay a loan instead of a deceased person?

  1. On your question the answer is printed in "Arguments and facts" 35. In a nutshell, you do not have to do anything.
    With regard to the interpretation of credit as a co-acquired property, the Family Code of such things does not provide:
    Article 34. Joint property of spouses
    1. The property acquired by the spouses during the marriage is their joint property.
    2. The property acquired by the spouses during the marriage (common property of the spouses) includes the income of each spouse from work, entrepreneurial activity and the results of intellectual activity, the pensions, allowances received, as well as other monetary payments that do not have special purpose (the amount of material assistance, amounts paid in compensation for damage due to disability due to injury or other damage to health, and others). The common property of the spouses is also the spouses acquired at the expense of the general income
    movable and immovable things, securities, shares, deposits, stakes in the capital, deposited in credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of the name of which spouse it was acquired or in the name of whom or which of the spouses have been paid.

    And let the bankers do not call, but send their claims by mail.

  2. if you have entered the inheritance rights, then in addition to the inheritance, debts are transferred to you. If you renounce the inheritance, then the debts to you do not pass
  3. If the will is not written about the Great Danes and if the property of the deceased is not pledged to the bank, you can send all those who require from you something
  4. in the Russian standard, when you receive a loan, insurance takes place, and if insolvency or death is paid by the insurance company
  5. St 1112. The inheritance includes those inherited by the testator on the day of opening the inheritance, including property rights and obligations.
    St 1152. 1. To acquire an inheritance, the heir must accept it.
    St 1153. Acceptance of the inheritance is carried out by filing a notary at the place of opening the inheritance or to the authorized person in accordance with the law to issue certificates of the right to inheritance to the official of the heir's application for acceptance of the inheritance or the application of the heir
    It is acknowledged, until proven otherwise, that the heir has accepted the inheritance, if he has committed acts indicative of the actual acceptance of the inheritance, in particular if the heir:
    entered into possession or management of hereditary property;
    took measures to preserve the inheritance property;
    made at his own expense the costs of maintaining the estate;
    paid for his own account the debts of the testator or received from third parties the funds owed to the testator.
    Ст 1175 Heirs who accepted the inheritance, are responsible for the debts of the testator in solidarity (article 323).
    Each of the heirs is responsible for the debtor's debts within the limits of the value of the inherited property transferred to him.
    3. The creditors of the testator have the right to present their claims to inheritors who have inherited within the limits of the statute of limitations established for the relevant requirements.

    If the inheritance, in which it would not have been concluded (including debts) was not accepted by anybody, then it is also to make claims
    there is nobody. The bank must prove the validity of its pretensions.

  6. Do not worry ahead of time. Let the bank show you the documents, on the basis of which they make claims.
  7. Unfortunately, not only assets, but passages of the testator pass into the inheritance. More specifically, not only property, but also debts. Debts are extinguished, by inheritance and only from the property of the deceased. If you did not enter into an inheritance, and even more so for the deceased nothing is listed (only debt), then sleep peacefully
  8. I will say in simple words: if none of the relatives received an inheritance after death, then the debts of the deceased relatives should not be paid. Insist that the bank apply for the payment of debt to the court.
  9. To sue the bank, if it's as you write.
  10. Relatives should not pay any debts of the deceased, if there was no acceptance of the inheritance ...
  11. it is generally better to sue for reconsideration
    but who is the trustee of the creditor and who pays in advance
  12. Dear Catherine! The bank is partly right. The fact is that all incomes and all expenses of the spouses are joint. Consequently, the fixed funds jointly acquired property. Responsibility to the bank is solidary, not a share, unless otherwise specified in the loan agreement (marriage contract, guarantee agreement). Most likely, the bank will go to court. Prove that they did not participate in the use of a substitute means (in their spending).
  13. even in ancient times, not only property, but also debts passed into the inheritance ...
  14. If they accept the inheritance, then they inherit the debt. Refuse from inheritance and you will not be hanged by any debts.
  15. debts go to the heirs, that is, to those who inherit the property of the deceased. debts pass within (no more than) inherited property.
  16. Pays the one to whom the inheritance passes.
  17. In addition to the guarantors, no one is responsible!
  18. In short the story for the "hour of judgment"
    The borrower died, his wife went, she was told, then sold, then demanded.
    In short, the testator's certificates pass to heirs who have inherited the rights of inheritance.
    If the acceptance of the inheritance was not then the debt of the deceased should not be paid to relatives.

    BUT as it nebylo prljatija naledstva. ??? I am sure that if the deceased did not have any liquid property, then all that one thing was well, for example, part of the share in the right to property acquired in a joint marriage, and if such property was and then the wife began to use this common property, then she definitely accepted the property though partially owned the deceased.
    In one word, the question is controversial and it is worth not paying attention to the calls of "bankers", slates on .... well, whether to the court. Until the court establishes your obligation to pay you do not have to do anything.

    And the article of the law that says that you do not have to pay - there is no such article. There is an article that says that the debt obligations of the deceased go to the heirs who took the inheritance in proportion to the share of the property taken art. 1175 Civil Code (3 part)

  19. And why do we pay insurance every month?
  20. will have to pay to the heir. After all, heirs inherit not only money at home, etc., but also debts.

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