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MUST relatives pay a loan instead of a deceased person


Should relatives pay a loan instead of a deceased person?</a>

As a general rule, relatives should not pay a loan instead of the deceased in the absence of any connection with the relevant legal relationships.

But in case of acceptance of the inheritance or its certain share such a duty can be assigned to relatives.

The death of a citizen does not entail the cessation of hisObligations under the majority of contracts. An exception to the current legislation is made only for those obligatory relations, the execution of which is inextricably linked with the personalities of the creditor, the debtor. Credit agreements do not apply to this type of obligation, therefore, in the event of death of the debtor, the obligation remains in effect. But in the absence of direct connection with the relevant loan agreement (for example, participation in it as a guarantor), the relative of the deceased debtor will not have to repay any debts. A more complicated situation arises when a relative takes over any property.

When is the obligation to repay the loan to relatives?

The only case in which a relativeMay be entrusted with the obligation to pay debts of the deceased borrower, is the acceptance of inheritance. This situation is regulated by Article 1175 of the Civil Code of the Russian Federation. If the hereditary property passes to the deceased's relatives by law or by will, then obligatory debts are also accepted. At the same time, domestic legislation does not provide for the possibility of accepting a part of the inheritance, so consent to accept any property after the testator will entail the possibility of presenting claims to the debtor for the obligations of the debtor.

What do you need to know who has inherited relatives?

It should be borne in mind that the acceptance of inheritanceIs an exclusively voluntary act, the need for which is determined by each heir independently. If the relative does not enter into the inheritance, and the other heirs are absent, then the property passes to the state ownership after the statutory period expires, and the obligations to the creditors can be satisfied at its implementation. A similar rule applies to the acceptance of an inheritance, that is, a relative who has entered into an inheritance may be held liable only within the value of the property received. If there are several heirs, then the debt can be extinguished exclusively within the limits of the value of the received share. The main problem, which can be difficult to resolve before the expiration of the inheritance, is the identification of the existing obligations of the testator, their size, names of creditors.

MUST relatives pay a loan instead of a deceased person Was last modified: June 20th, 2017 By Keaqiowf
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