The death of a person is a great misfortune for his entire family. But not everyone knows that loan commitments do not cease to exist. It is not always clear what to do to heirs with a debt to the bank.
The time has come for the right to inherit property, but besides material goods, there are also promissory notes that need to be realized by the heir.
What inheritance involves
According to article 1175 of the Civil Code, all obligations, including bank loans, after the death of the borrower are transferred to his heirs, within the inherited property. So, for example, if the heir gets real estate and an obligation to the bank in the amount of 1.5 million rubles, then the debt will be closed, or reduced by the amount from the sale of the inherited property. If the amount from the sale exceeds the debt, then the heir receives the remainder. If there are several heirs, the obligations are distributed in proportion to the share in the inheritance received.
Credit interest and death
After the borrower dies, his agreement with the bank continues to operate. The bank continues to accrue interest on the loan, and after missing the payment, it will count fines and penalties. The burden of paying all bank charges falls on the heirs. The lawfulness of the bank's actions is due to Art. 1113 and 1114 of the Civil Code of the Russian Federation, which says that the day of opening the inheritance is the day of the death of the testator.
If the heirs do not have enough funds to repay the loan, and the inheritance has not yet entered into force (according to the law, it comes into force after 6 months), you can apply to the bank with an application for deferred payments.
In this case, banks often meet halfway or offer an alternative solution to this issue. If the heirs are not aware of the existence of the loan agreement and obligations, and after the expiration of time, a summons for the payment of interest and a fine for late payments are received, the heir can go to court. Judicial practice refers to Art. 333 of the Civil Code of the Russian Federation, if the delay in payments was not the fault of the heirs, this significantly reduces the amount of the penalty.
You can refuse the debt obligations of the deceased testator, for this it is enough to notarize the waiver of the inheritance. Here it should be borne in mind that it will be almost impossible to “change your mind”.
If the heirs do not exist or they have issued a refusal, then the promissory notes are transferred to the guarantors. At the same time, they can claim the property of the deceased in order to pay part of the debt. If the heirs did not file a refusal, and the guarantor repaid the debt, then the latter has the right to demand reimbursement of costs.
When drawing up a loan agreement, banks, through an insurance company, often insure the life and health of the client so that the remainder of the debt can be taken from the insurance payment. In some banks, this is a prerequisite.
