Death suddenly overtakes a person, without specifying whether he has dreams, debts or life plans. In everyday banking practice, situations quite often occur when a borrower dies without fully repaying his loan.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

What should relatives do in this case? Who has to settle accounts with everyone? bank debts in the event of the borrower's death?

The law states that repayment of the loan in the event of the death of the bank borrower is made by his heirs or guarantors. Many factors in this matter depend on the preparation loan agreement.

By and large, it doesn’t really matter to the bank who exactly pays off all the debts of their former client. The main thing is that payment is made on time along with accrued interest.

What you need to know about “posthumous debts”

In order to formalize everything Required documents To repay the loan after the death of the borrower to his heirs, it is necessary to wait until the date when the inheritance rights come into force.

This happens no earlier than six months after death. At this stage, the heirs divide among themselves the received property and the debts of their relative.

If the heirs agree to repay the loan in good faith, the bank invites them to renew the existing loan agreement.

To do this, an additional formal agreement is drawn up to transfer the monetary debt of the deceased borrower to his heirs. Then the loan is repaid in a timely manner, in accordance with established rules.

In most cases, banks cannot wait a long six months and demand repayment of the debt as soon as they learn about the death of their borrower.

It should be noted that the heir pays off the debt of his deceased relative according to the inheritance received.

Thus, if the debt is $10,000 and the inheritance is only $5,000, the heir is not required to give up his personal funds to pay off the loan.

If the loan was taken out against real estate (car loan or mortgage), then the heir receives the collateral as an inheritance and can dispose of it at his own will.

For example, pay off the remaining monetary debt and live, for example, in the apartment you received, or sell the collateral to close the loan, and take the remaining amount for yourself.

If the will of a deceased borrower is made for a minor child, then the official guardians or parents must pay the inheritance debts.

At the same time, banks must take into account all legal actions so that they do not run counter to the rights of minor children and other citizens protected by law.

Inheritance of debt if:

• insured loan. It is much easier to repay an insured loan, since in most cases the insurance company fully pays the debts of the deceased client. But since insurance companies are not always in a hurry to part with their money, there are times when insurance agents refuse to recognize death as an insured event.

  According to the insurance rules, debt repayment will be refused in the event of death in war or in prison, when engaging in extreme sports (diving, parachute jumping), in case of infection with radiation or sexually transmitted diseases.

  It happens that insurance agents can translate the result of a fatal outcome into a chronic disease. For example, if the borrower died as a result of alcohol poisoning, the insurer can translate this into chronic liver disease, and if he smoked for quite a long time - into congenital heart disease.

  In this case, the insurance will not cover the debts. But more often than not, well-known insurance companies do their work conscientiously, and everything goes smoothly without any complications.

  Therefore, when applying for another large or long-term loan, you need to think about insuring your own life. Accident insurance can protect loved ones from additional costs.

• uninsured loan. In this case credit amount automatically passes to the heirs and guarantors, obliging them to fully repay the debt.
• with guarantors. A guarantor is a voluntary person who guarantees the borrower's solvency. Therefore, he must know and have access to all the details. banking agreement and the necessary notifications in this regard.

  In the event of the death of the borrower, the guarantor must pay the balance of his debt along with interest, as well as legal and other costs that the lender spent to bring the borrower or guarantor to justice.

  If the loan of the deceased borrower was issued with guarantors, then according to the law, if the heirs do not fulfill their direct obligations regarding the repayment of the debt, then it is the guarantors who must do this.

  In this case, after repaying the loan, the guarantor can demand from them through the courts compensation for material damage and all costs incurred in this regard. He does not receive the inheritance of his deceased friend, but having previously signed the loan agreement, he is now obliged to pay off the entire existing debt.

  If relatives refuse to enter into inheritance rights, then the guarantor automatically becomes the main payer of this loan. In this case, the guarantor has the right to receive part of the deceased’s property to pay off his debt to the bank.

• without guarantors. It happens that the heirs are not even aware of their relative’s debts, but learn about it from bank representatives after the death of the borrower. Under a loan agreement without guarantors, it is the people who have entered into inheritance rights who are obliged to repay the entire debt. If the heirs do not accept the inheritance, the bank can legally demand the sale of the deceased borrower’s real estate by putting his property up for auction.

Calculation of interest on the loan

Since not all heirs and guarantors immediately turn to the bank for detailed advice after the death of a loved one, the bank, in turn, continues to charge interest on the loan penalty.

The bank's actions in this case are fully justified on legal grounds.

According to the rules, the heir is responsible for the debts of the deceased person from the date of his death. However, many penalties and accrued penalties can be challenged and even canceled in court.

If the bank borrower did not have additional late payments, then the court will definitely take into account death as a valid reason for late repayment of the loan debt.

If an heir inherits a loan debt from a deceased borrower, he must:

1. Obtain a death certificate for the bank borrower.
2. Inform the bank about the death of their client and provide a copy of the supporting document.
3. Write and certify an application for acceptance of inheritance at a notary office.
4. Six months from the date of death of the borrower, officially enter into inheritance rights.
5. Document the banking process so that, on the basis of a new agreement, the payment of loan funds can continue.
6. After receiving the inheritance, at the end of the current year, it is necessary to register tax return and pay required tax for inheritance.

If the heir refuses the inheritance, he needs to draw up the relevant document with a notary and, if necessary, provide a copy of it to banking institution.

Is it possible to avoid paying a loan after the death of the borrower?

You can avoid paying off the loan if the heir completely renounces the inheritance bequeathed to him. This must be done before six months have passed from the date of death of the relative.

A prerequisite is the renunciation of the entire inheritance.

For example, if an heir inherited two apartments and a car, he cannot give up one apartment in order not to repay existing loan. You will have to give up all real estate at once.

Refusal of inheritance is not subject to return or change of decision. It should be noted that a minor heir can refuse a will only with the official permission of the guardianship authorities.

In the event of the death of the guarantor, the debt which he was forced to pay is not transferred to his relatives and other heirs.

There are rare cases where a banking institution writes off bad debts out of its own profits.

This happens provided that the balance of the debt to be repaid is not too large an amount that is not tied to a mortgage or car loan.

It is much easier for bank employees to write off debt funds indicating a good reason than to spend additional time, finances and their efforts searching for all the legal heirs and guarantors of the deceased borrower.

When the heirs refuse to voluntarily repay the loan, the bank turns to the enforcement service.

Video: how not to pay extra money to banks

When applying for a loan, the borrower can take out insurance to protect himself and the bank from unforeseen situations due to which the loan may not be repaid. First of all, of course, from death. But not all citizens know what an insured event is and what actions need to be taken when it occurs in order to receive payment from the insurance company.

An insured event is a certain event that is provided for in the insurance contract, upon the occurrence of which the insurance company is obliged to insurance payment to the insured person or beneficiary (bank). The list of these cases is indicated in the policy.

There are three options for insurance cases for a loan or mortgage:

1. The death of the borrower. In this case, the insurance company will cover the loan costs and the debt will not pass to the heirs.
2. Loss of health. In this option, depending on the severity of health consequences under insurance, loan payments may vary.
3. Loss of source of income. The bank will support the borrower with timely payments to repay the debt, but only for a certain period, from three months to a year.

The insurance company assumes responsibility for paying the debt only in insured events specified in the contract. They have a lot of nuances that you need to know about.

Repayment of mortgage debt upon the death of the borrower

Life insurance assumes the occurrence of an insured event on the mortgage as a result of the death of the insured person.

If death occurs as a result of illness, then this will be considered an insured event only if the borrower’s illness occurred at a time when the contract was already in force.

In a health insurance situation, the insured event is the loss of health, and, consequently, loss of income. If the ability to work was not lost simultaneously, then the insurance company will pay the funds only if the borrower is assigned a disability group of 1 or 2 during the validity of the insurance contract.

Also covered under the insured event are bodily injuries resulting from an accident that lead to long-term treatment.

An insured event when insuring the loss of main sources of income presupposes the loss of the insured person's place of work and receipt of unemployed status for at least two months. The reasons should be as follows:

• liquidation of the enterprise;
• reduction in workforce;
• refusal to transfer to a job that is not suitable for the borrower for medical reasons;
• dismissal due to recertification;
• dismissal due to a change of ownership.

When does protection not work?

The company will not even begin to consider the application in the following cases:

• suicide;
• poisoning with alcohol, psychotropic drugs, poisons, medications;
• an intentional incident that occurred with the aim of obtaining a benefit;
• death due to an illness that began before the conclusion of the insurance contract;
• an incident that occurred as a result of a crime;
• illness associated with mental disorders.

If the loss of the main sources of income occurred for the following reasons, the insurer will also refuse to bear responsibility:

1. Dismissal at will or as a result of disciplinary action.
2. Maternity leave;
3. Fixed-term employment contract;
4. Retirement age;
5. Military service;
6. If the borrower is individual entrepreneur, lawyer or notary.

At the moment when the borrower takes out loan insurance, he must sign insurance claim, which indicates that he is not

is disabled and has no serious illnesses.

Without reading the terms of the contract, the insured may not even notice that he did not meet the terms of the contract from the very beginning (for example, if the borrower has already been diagnosed with a serious illness).

If the insurer discovers this fact, compensation will be denied.

Is a stroke a covered event?

Here it is important to distinguish between an accident and illness insurance policy. A stroke is a disease, but formally is not an accident.

Who pays the loan if a policy has been issued?

Relatives of the deceased must carefully read the insurance contract, since the fact of death must meet the criteria for insured events.

If the loan is insured, the heirs do not have to repay it!

If the loan is insured, the heirs do not have to repay it!

When an insured event occurs, the bank repays the borrower's debt through payments from the insurance company. To do this, you need to find an insurance policy and a loan agreement, attach a death certificate and contact the insurance company.

If the death of the insured person qualifies as an insured event, the company is obliged to repay the debt to the bank.

How to find out whether the deceased's credit obligations were insured?

First of all, find the loan documents. If you haven’t found an insurance policy, look at the loan agreement. It is possible that insurance is included in the body of the loan.

If the contract does not mention life insurance for the borrower, you need to contact the bank with a request.

The bank will ask for documents confirming the occurrence of death to work with personal data. The bank is interested in issuing a loan with the condition of insurance, so it often reduces the rate if a policy has been provided.

If the bank does not have information on credit insurance, get a list of accredited companies from them. Next, make a request to each organization. You can send your request by mail or via the Internet.

And also many companies have free contact centers with the number 8-800-... Contact a consultant, you may get answers faster than written requests.

If insurance was not found in accredited companies, then with a high degree of probability it can be argued that the loan was not insured.

In what situation will relatives have to pay?

When an insured event occurs, repayment of the borrower's debt falls on his relatives, according to the order of inheritance established by law. For example, the primary heir is the spouse; in the absence of one, the debt passes to the children, parents, and so on. If the contract specified guarantors, then the debt falls on them first.

The continuation of payments must be agreed upon with the bank, since such a situation is not regulated by law. In any case, it is important to inform the bank about the incident as soon as possible, since if payments are not made, the bank will charge penalties and fines.

If the heirs refuse the inheritance, then they are not obliged to pay the debt of the deceased.

Then the bank can initiate the sale of the borrower’s property to cover the debt, but this is done only through the court.

If taken on bail

If the property of the deceased, which remained after his death, was previously registered as collateral, then the relatives can either repay the loan themselves and remove the collateral from the property, or refuse obligations and not pay the debt.

But in this case, the bank will sell the property by putting it up for auction.

After the sale of the collateral, funds may remain in excess of the balance of the debt that the borrower paid during his lifetime. This money must be returned to the heirs.

A company insuring a loan always thinks about its profits, so when an insured event occurs, it is very important to understand how to act in a given situation. Knowing his rights, a citizen will be able to take advantage of loan insurance, and will not risk losing money and property.

Receiving compensation by family members

If an extreme insured event—death—occurs, the first thing to do is that the relatives of the insured should carefully study the insurance policy. It will indicate the deadlines and details of where to contact after the insured person has died. First, you need to notify the insurance company, and then the bank.

Notification

You must apply for the return of insurance immediately in order to notify the insurance company on time. The application form can be free. You can also do phone call or write by mail.

You need to report the occurrence of an insured event as soon as possible; the deadline can be as little as five days.

A late application may result in a refusal to consider the application.

Providing documents under the loan agreement

The list of documentation that must be provided is given in the contract. First of all, this is an identity document.

Some organizations require you to provide an insurance contract.

Prepare documents that confirm the insured event.

Other documents depend on the individual case:

• if the borrower was fired due to layoffs, then an order from the manager and a work record book will be needed;
• in case of serious illness or disability, it is necessary to provide a medical history and a conclusion after passing a medical commission;
• if the borrower has died, then his relatives must present a death certificate insurance person and documents that confirm relationship with him.

You can present copies certified by a notary.

The insurance company will check the documents provided and make a decision on whether to repay the debt from the bank or refuse. The amount of the insurance payment usually coincides with the remaining debt on the loan, which means that the borrower will be completely relieved of the burden as a result of the debt being covered by the insurance company.

It would seem that the borrower just needs to follow the instructions and wait for the insurance payment on the loan, but in practice, everything may be completely different.

What to do if refused?

First, you need to write a claim to the insurance company.

Since the consumer’s right was violated, the claim must require payment of insurance compensation in accordance with the insurance contract. The claim is written in free form, taking into account all the details and circumstances. It wouldn’t hurt to attach copies of documents that were sent to the insurance company earlier to the claim.

It is better to send the claim by registered mail with notification so that you know that the letter has been accurately delivered. After sending the letter, you need to notify the bank.

According to the Law “On the Protection of Consumer Rights,” the insurance company has 10 days to voluntarily satisfy consumer rights.

If after 10 days there is no response from the insurance company, a refusal to pay insurance compensation is received, or an agreement is received, but the payment is incomplete, you can go to court.

Proceedings through the court

You can obtain loan insurance in the event of an insured event through the court. The borrower must contact statement of claim. With the help of the court you can achieve:

1. Collection of the amount of insurance compensation from the insurance company.
2. Compensation for moral damage.
3. Collection of interest for using other people's money.
4. Collection of a fine for failure to comply with consumer requirements.

It is unlikely that relatives will have to prove through the court their right to cover the loan in such an extreme situation. insured event like death. Insurance companies they are looking for tricks to obtain disability, but death is such a solid factor that it is difficult to argue with it.

We can only wish our relatives patience and calm. If the loan was insured, it will be repaid at the expense of the insurance company.

In contact with

“The only things inevitable are death and taxes,” says a famous aphorism. You can safely add to it: and loans! Unpaid debts haunt the borrower literally to the grave, and then the heirs have to “take the rap” for the deceased.

Remember Eugene Onegin, to whom, after the death of his father, a “greedy regiment of lenders” came? Nothing has changed since Pushkin's times. Russian law in this matter is still harsh and indisputable - along with everything movable and real estate the testator's debts are transferred to the heir (or heirs).

the site reminds: The obligation of the heirs to pay off the debts of the testator is established by part 1 of Article 1175 Civil Code RF.

In this case, it does not matter whether you enter into inheritance rights by law or by will, whether you are an heir of the first, second or twenty-fifth stage, whether the inherited property is a mansion on Rublyovka or a house on six hundred square meters in the Tambov region. Banks are unforgiving: in essence, they don’t care who exactly will pay, the main thing is to get their money back along with accrued interest.

What you need to know about “posthumous debts”

Transferring a debt from a deceased borrower to his heirs is a rather lengthy and labor-intensive process. According to the law, the period for accepting an inheritance after its opening (that is, the death of a person) is six months. During this time, all possible heirs declare their rights - both by law and by will. After six months, they enter into inheritance rights and are able to pay off the debt to the bank. But at the stage of accepting an inheritance, when allocating shares (in other words, when people decide who gets a car, who gets an apartment, and who gets a collection of toy soldiers), disputes and litigation often arise that can drag on for years.

But banks are not in the mood to wait that long and often rush to make demands as soon as they learn about the death of the borrower. Sometimes - with the involvement of the courts.

However, with the process of collecting a “posthumous” debt, everything is not as clear as the creditors would like, and not as hopeless as the newly created debtor-heirs fear.

• According to Article 1175 of the Civil Code of the Russian Federation, the heir is liable for the debts of the testator only within the limits of the property received. That is, if the debt was 300,000 rubles, and you inherited only 100,000 rubles, then your obligations to the bank do not exceed this amount. You are not obliged to sell your property to pay off the difference - the bank will either have to demand it from other heirs, or extract it from insurers, or recognize it as a bad debt.
• A debt passed to several heirs is divided among them in proportion to the shares of the inheritance received. So, if the total debt of the borrower was 300,000 rubles, and passed on to the heirs who received each? inheritance, each person's debt will be 150,000 rubles.
• If the debt was secured by collateral (for example, in the case of a mortgage or car loan), then, in addition to the debt, the collateral itself passes to the heir. In such cases, it is easier to repay the loan - the bank usually easily agrees to the sale of the pledged property, provided that the proceeds are used to pay off the debt. After the debt is repaid, the heir will receive whatever is left.

But if no one accepted the inheritance legally, and the loan agreement was not secured by a guarantee, the bank has the right to sue and demand the sale of the inherited property at auction.

Family members of a deceased debtor who use his property (for example, registered and living in an apartment) are not always at the same time heirs. That is, formally the debts are not transferred to them. But if the property (apartment) was foreclosed on by the bank, they lose the right to use this property. And they are subject to judicial eviction. But this has its own difficulties and restrictions, regulated by the Housing and Family Codes. For example, the rights of minor children, or the rights of family members who have no other housing other than the apartment that is being foreclosed on, cannot be violated.

If the will was drawn up in favor of minors, then they, in the same way as adult heirs, acquire the debts of the testator. But it will not be the children who will pay the debt, but their legal representatives (parents or guardians).

Satisfying the bank's requirement to repay the loan of a deceased borrower cannot violate the rights of minors and the legally protected rights of other persons.

To pay or not to pay interest?

There is a misconception (shared even by many lawyers) that the borrower's heirs do not bear obligations on the loan until the right to inheritance is legally registered. This means that the bank does not have the right to charge penalties in the period between the death of the borrower and the official entry of the heirs into their rights. Alas, this is not true.

The right to inheritance passes at the moment of its opening (that is, on the day of death of the testator), and not at the moment of receiving a notarial certificate. And along with the right, alas, comes the responsibility. So if the borrower's heirs do not begin making loan payments immediately after the deceased goes to better world, banks have the right to charge penalties and fines on overdue debts.

Issues of opening an inheritance and transferring rights to inherited property are regulated by Articles 1113, 1114 and 1152 of the Civil Code of the Russian Federation. Questions about legal penalties (this concept also includes penalties and fines accrued by the bank on an overdue loan) are regulated by Articles 330 and 332 of the Civil Code of the Russian Federation.

So is there really no escape from fines? Fortunately, there is. This is evidenced by Article 333 of the Civil Code - “Reduction of penalties”.

• Firstly, the bank can meet you halfway and reduce or even cancel fines - settlement agreement not such a rare result of negotiations if you, as an heir, do not dispute the debt and are ready to pay it off.
• Secondly, you can appeal to the fact that the delay was not a consequence of the debtor’s negligence, but arose due to circumstances force majeure(death) - you, as an heir, may not have known about the existence of a loan. If the bank does not accept your arguments, they will be convincing to the court.

Another loophole is to completely refuse the inheritance and formalize the refusal accordingly at the notary’s office. Then you will not have to pay either the debt itself or the interest on it, but it will be almost impossible to “win back” if you suddenly change your mind.

In any case, the bank has the right to demand that the heirs repay the loan, but the interest and fines that were accrued for overdue loans are not always the case.

You are a hard one, the guarantor's share...

In the event of the untimely death of a debtor, the hardest hit are guarantors who are neither close relatives of the debtor nor heirs under the will. If the heirs in most cases receive at least part of the property, then the guarantors receive nothing except the obligation to pay someone else's debtor. The corresponding clause of a standard surety agreement is completely clear: “The guarantor undertakes to be responsible for the fulfillment of obligations under the loan agreement for the borrower, as well as for any other debtor in the event of transfer of the debt to another person, as well as in the event of the death of the borrower.”

The most unpleasant thing is that the guarantor is responsible for the borrower’s debt in full - from repaying the principal debt to reimbursement of legal costs.

If the heirs exercised their right to refuse the inheritance, then the bank will present to the guarantor both claims for the principal debt and all claims that have accumulated against the heirs during the time that they formalized the refusal. In this case, the guarantor can claim part of the debtor's property in order to cover the debt at his expense.

But if there was no refusal of the inheritance, then the guarantor, having repaid the debt to the bank, himself becomes a creditor. And he can demand compensation from the borrower’s heirs for the costs incurred (including in court). Alas, in this situation, much depends on how quickly the inheritance case is resolved, how the property is divided, how conscientious the heirs will be and how ready the guarantor himself is to “shake out” the money.

“He died wrong”: insurers are reluctant to pay the debts of the dead

The risk of the borrower's death is in many cases insured in favor of the bank. So in an ideal situation - “all sisters share earrings”: the bank receives the amount of insurance coverage, and the heirs receive property without encumbrances.

But this is ideal, but in practice the insured amount may not be enough - due to the same penalties and fines. And most importantly: insurers are also not savvy and are not ready to recognize every death as an insured event.

Thus, the insurance will not be paid if the borrower committed suicide, died in war or in prison, died from radiation or due to an injury received during parachuting.

Do you think such exceptions are rare? Not at all... There is also a cunning formulation “concealing a chronic illness when concluding a contract.” Thus, a smoker who died of a heart attack may be considered a “chronic heart patient.” And if death occurred after a feast with copious libations, then the insurance agent will definitely check how often the borrower “drank” and whether he had liver disease due to this.

Instead of an epilogue

Most people avoid thinking about death. This is not a pleasant topic. But when it comes to credit obligations, it is quite appropriate to remember that “we all walk under God.” And, believing in your lucky star, still take reasonable precautions to reduce the risks. Firstly, do not spare money on an insurance policy: despite the nuances described above, today this is the best way to financially protect family and friends. Secondly, do not hide the fact that you have loans from your family.

Well, if you yourself unexpectedly received an inheritance burdened with debts, think: wouldn’t it be cheaper in every sense to abandon it?

Almost all citizens encounter loans in their lives, while the law and the executed agreement regulate in detail the procedure for transferring current payments or debt collection. Due to the length of the lending relationship, it is not uncommon for a significant amount to remain outstanding at the time of a person’s death. What should his relatives do in such a situation, and is it possible to legally avoid loan payments? Let's consider all the nuances associated with the execution of loan agreements after the death of the borrower.

What happens to the loan after the death of the debtor?

At the time of considering the application of potential borrowers and determining the conditions for issuing a loan, each bank tries to protect itself as much as possible from non-repayment Money. In addition to presenting increased requirements for documents confirming a citizen’s solvency, the bank may require the following conditions:

• draw up a life and health insurance agreement for the borrower, under which the institution will receive insurance compensation after the death of a citizen;
• inclusion of relatives in the contract as co-borrowers. In the event of the death of one of them, the fulfillment of loan obligations will remain for the remaining citizens specified in the agreement;
• registration of collateral for expensive objects, which gives the bank the opportunity to receive the loan balance even after the death of the property owner.

The listed options are used in practice only when the loan amount is significant. If size borrowed money is insignificant, the cost of insurance or collateral can significantly increase the total loan amount, which will lead to an outflow of customers.

It is almost impossible to foresee all life circumstances, including the death of the borrower. If the amount of the debt was not paid during the citizen’s lifetime, or at the time of death a significant debt had accumulated, the bank will be interested in making financial claims against his relatives. This can only be done within the framework of inheritance of property assets, since at the same time the issue of the testator’s debts will be resolved.

The fate of the credit obligations of deceased citizens is determined taking into account the following nuances:

• from the moment of death, inheritance proceedings are opened, within the framework of which the circle of potential heirs and the composition of the property are determined;
• within six months, each heir must make a choice - to accept the inheritance or renounce such a right (the decision to accept the inheritance is indicated in an application addressed to the notary);
• If the heir has confirmed his consent to accept part of the property, he will be obliged to assume part of the debt obligations.

Simultaneously with the transfer of property assets by inheritance, debts are distributed, including under loan agreements. To do this, the bank does not have to take part in inheritance proceedings; a demand for debt repayment can be presented after the issuance of an inheritance certificate.

Thus, the bank has a real opportunity to obtain a loan even after the death of the borrower. Let's consider the reasons why relatives can avoid the obligation to pay the loan.

Should relatives pay the loan for the deceased?

First of all, it is necessary to note the right of the relatives of a deceased citizen to voluntarily pay off all his debts. To do this, just contact the bank and correctly indicate all the details of the loan agreement. In practice, such situations are unlikely, so the bank has to rely on other options for obtaining borrowed funds from relatives.

After identifying the death of the borrower, the bank can send a request to repay the loan balance to all relatives (spouse, adult children, parents, etc.). Receiving such a demand does not mean that you need to prepare for a lawsuit - the bank is deprived of the right to forcibly collect credit funds until the composition of the heirs is determined.

After the death of a citizen, inheritance proceedings are conducted by a notary. As a rule, the heirs include the immediate family - the surviving spouse, children and parents. If these persons are absent, other relatives of the second and subsequent orders will acquire the right to inheritance. When conducting an inheritance case, the following circumstances related to outstanding loan obligations must be taken into account:

• according to the will, a specific composition of heirs will be determined - if they confirm the right to inheritance, they will acquire the obligation to repay part of the debts;
• if there is no will, the property will be inherited by law between relatives in equal shares (accordingly, loan debts will be distributed in a similar proportion);
• relatives who refuse to accept the inheritance will not acquire the obligation to repay the loan.

Thus, the only guaranteed option to avoid loan payments after the death of a relative is to refuse to accept the inheritance. But what if the inherited property is expensive or valuable for citizens? In this case, you need to calculate everything in advance possible risks and consequences.

If an apartment or other expensive property is transferred to citizens, the amount of the loan balance will not be comparable to the price of the inherited objects. In the opposite situation, receiving by inheritance certain things that do not represent property or personal value for citizens may be impractical due to large amount debts

Do not forget that the bank has the right to make claims only within the deadline limitation period. If at the time of inheritance the three-year period for debt collection has expired, the bank will not be able to collect the loan even from persons who have confirmed their right to a notary. In addition, the specified statute of limitations is not suspended at the time of conducting the inheritance case, and the bank may not immediately detect the fact of the borrower’s death - an experienced lawyer will be able to use these circumstances in favor of his clients.

You can clarify all the nuances of accepting an inheritance and possible debts even before receiving a certificate from a notary. When applying for legal assistance, all steps will be taken to identify and evaluate property assets, as well as establish debt obligations. This will allow you to make an informed decision about entering into an inheritance, taking into account existing debts.

Take advantage of the consultation toll free phone or via online chat on our website - you will receive a reasoned answer to all questions that arise. If the bank has submitted written claims to collect debts on loans from a deceased relative, we will help protect the rights of citizens even in the most difficult situations.