The law is such that inherit both debts and property. The deceased borrower’s family can only decide whether such an inheritance is necessary? No matter how much they claim about the injustice of collecting credit debts from a moral and ethical point of view, the heirs assume not only rights, but also obligations after the deceased, regardless of whether the funds were spent on the family or disappeared in an unknown direction.
Do not always know about debt immediately. The situation is complicated when the property is already transferred, and after 6-7 months there are dissatisfied creditors. Once a legacy is accepted, debts are accepted. There are few ways to cancel or reduce debts on a loan after the death of the borrower, but if the inheritance property has already been reissued, it remains to use the maximum in the current situation.
The simplest solution is when the heir is aware of the financial affairs of the deceased and is aware of the existence of the debt. Raising the paper on loans issued earlier, compare the amount of debt and the value of the property. If the debt is less, it makes sense to accept it and try to reduce it according to the current norms of the law.
The problem is that often credit obligations become news for the relatives of the deceased, forcing them to pay off loans. Risky inheritance is avoided if, prior to accepting inherited property, to try to find out the size of loan obligations.
How to become a heir without debt
Methods of dealing with debt are few and depend on the stage at which the inheritance was received, the claims of creditors were revealed. Not hoping for “chance”, the claimant, before entering the inheritance, clarifies the status of the loan obligations, without waiting for the court to force the entire amount to be paid to the bank due to the sale of the inheritance. But is it so easy to find out in which bank the testator credited?
Tip one: no inheritance – no debt
When the debt is discovered immediately, before the inheritance certificate is received, the heir turns to the banks, identified by the documentation left by the deceased relative.
A citizen applying for inheritance has the right to obtain information about the loan, the condition of the loan account, and also to take a copy of the bank agreement. If the appeal is executed in writing, the credit structure is obliged to respond to the assignee, since subsequently, during the proceedings in court, the person legally requires recognition of the actions of the bank as unfair.
Sometimes it is difficult to find out a creditor – the deceased did not keep any documentation, or the heir does not have access to it. Centralized submission of a request to the Bureau of the CI will allow you to get the latest records by the testator. But a stranger is not entitled to receive personal information about the borrower. We’ll have to wait until the 6-month term expires.
Tip Two: Protective Insurance
The only legal way that does not require lengthy litigation is to pay your debts with an insurance payment.
Today, almost every bank offers personal insurance that guarantees payment in case of loss of health or death of the borrower. You have to bear the costs of payment under the contract, but the bank often compensates for the loss by lowering the interest rate. The responsible borrower will not give the relatives trouble if they conclude an agreement with the protection in case of death before taking the loan.
The heir can only figure out with which insurance company the contract was concluded, and notify about the occurrence of the insured event.
A small hint will facilitate the search for the deceased testator’s insurer: after finding out the name of the lender, they turn to all the companies with which he works. Often the banking structure has a subsidiary operating in the field of insurance of borrowers of the home bank. Such units operate at Sberbank, Alfa-Bank, VTB. If a loan is concluded with them, then, most likely, it is in the subordinate structures that the insurance contract is kept.
Tip three: inherit the only housing
If the preservation of inherited housing is of fundamental importance, then the citizens who became owners for the first time, thanks to the inherited apartment, are unlikely to lose it (unless housing is a mortgage mortgage).
The norm of the Code of Civil Procedure Code of the Russian Federation prohibits collection of debts through the sale of a single dwelling, but you still have to pay debts for a deceased relative, albeit in other ways.
Tip Four: Get Rid of Minor Debts
When a parent dies, leaving the second spouse in the care of minor heirs, it is possible to release children from the deceased’s credits. When accepting an inheritance, a minor dependent cannot bear obligations to pay debts due to his disability.
The surviving parent, guarding his child, assumes obligations for loans. The court does not have the right to deprive a child of a single dwelling and does not charge a loan from a minor. When making a decision on the compulsory payment of a loan, the court will take into account the legal protection provided to incapable citizens by adjusting the penalty in respect of the legal representative of the child.
Tip Five: Do not rush to pay!
The answer to the creditor largely depends on the time elapsed since the last interaction regarding the payments. The fact is that the statute of limitations on a loan , as opposed to a nonexistent statute of limitations on enforcement proceedings, is valid for 3 years – this is the single norm established by law.
If the bank has been silent for a long time, and then decide to foreclose on the heir, even the fact that the court accepted the claim for consideration does not mean his satisfaction. When accepting documents, the judge does not always look at the dates that have passed since the loan was issued or the last communication with the lender. Even if a court ruling is made in the absence of the heir, the right to appeal remains with the requirement that the claims on a loan be recognized as illegal due to the expiration of the limitation of actions.
Tip Six: Reduce Damages
Faced with the need to pay a debt for the testator, you should not immediately run to extinguish all loans:
- first , before accepting the inheritance, new applicants may be discovered, just waiting for the creditors’ claims to be settled;
- secondly , the provisions of art. 333 of the Civil Code of the Russian Federation gives hope to reduce the amount of recovery on a loan, excluding from it a penalty and penalties. Upon further consideration of the claim from the bank in court, there is a chance to judicially review the accrued penalties and fines, fix the amount of the debt, and ask for a delay in repayment of the loan.
The judge, weighing the validity of the bank’s claims, will note that non-payment of the loan did not arise at the behest of the defendant, but because of the forced wait for the deadline for accepting the inheritance.