There is no doubt that death is not a topic that people want to discuss. Nevertheless, sometimes it is worth to argue (and this text is a confirmation).
As for the details, we will focus on the death of the person paying the loan – what happens in this case? There is no denying that this is a topic about which people know little (or know nothing).
In addition, it is also important that in such a situation it is not difficult to make erroneous conclusions.
Credit and death …
Now that the admission is over, it’s time to get to the bottom of the matter – does death mean that the loan could disappear? The facts are that death does not mean the cancellation of the loan. Are you wondering what this should mean?
Realities may vary, so let’s assume that the death concerned the spouse. In this situation, it is obligatory to remember about unpaid installments. If it is otherwise, the matter is simple – no debt repayment means termination of the loan agreement.
You ask yourself, what happens next? In a nutshell, two situations must be borne in mind – enforcement against the assets of the spouse/debtor and recovery of claims against all joint property. However, you must remember that enforcement of the spouse’s assets is possible only under one condition – this condition is incurring a commitment with the consent of the spouse.
Does the debt pass to the children?
Are you wondering if the debt can go to children? The realities are: death means that the immediate family becomes the heirs. By the way, inheritance is often associated with privileges, but this is not always the case, as demonstrated by the need to repay the loan.
Perhaps the question arose, what can you say about priority to inheritance? Simplifying as much as possible – the standard situation means priority for children and spouses.
What happens if my son or daughter dies? If you ask yourself this question, you must know that the right to inheritance is not lost (descendants get the right to inheritance).
It should also be noted that it all concerns the lack of a will (the most important will).
Is there any way you can avoid falling?
It’s time to focus on whether there is a way to avoid falling. Getting straight to the point – heirs can renounce their inheritance (except for receivables from inheritance debts). As for the details, one should definitely emphasize that you should go to a notary or court. As far as the necessary information is concerned, all you have to do is make a statement.
It is also worth adding that the statement should consist of the following parts:
- All data that identifies the applicant,
- Data of the deceased,
- Date of death,
- Grounds for rejection of the right to succession,
- Inclusion of other persons belonging to the group of heirs.
Is this list somehow surprising? It seems that there is absolutely no wonder. It is also important that giving up an inheritance is an option that cannot be used at any time – although there is a lot of time, because of half a year.
More precisely, half a year is counted from the moment the inheritance appears (i.e. from the date of death).