Is the wife responsible for the husband’s consolidated debts after his death?

26 Feb

 

Assets unity is the most common solution in Poland. Unless the spouses decide otherwise, it is automatically established at the time of the marriage. Theoretically, after the death of her husband, her wife inherits not only his wealth, but also the obligations he left behind. However, there is a way to avoid repayment

Is the wife responsible for the husband’s consolidated debts after his death? You must know!

 Banking law does not specify who is obliged to pay off the borrower’s obligations after his death. In the current situation, the relevant provisions of the Civil Code apply. Whether wife is responsible for her husband’s consolidated debt after his death affects, among others, whether the deceased left a will. If not, we will have to do with statutory inheritance.

Inheritance means acquiring property duties from a deceased person. It can be done on the basis of a will or by statutory inheritance. Importantly, the will exceeds the rules of statutory succession that arise from the Civil Code. This applies to cases in which the will was made in accordance with the law. This means that the person who draws it should have full legal capacity. Only one person’s property regulations may be included in this document. Thus, if the will is made by two people (eg husband and wife), it will not have legal force.

Mored debts in consolidated debt

At the time of the death of the testator, both the assets he has accumulated and the liabilities he owns pass to his heirs. If the deceased has not left a will, there will be statutory inheritance. This means that in the event of the death of the spouse, the direct heirs will be his wife and children, and then grandchildren. It is worth knowing, however, that we do not have to accept the inheritance.

Each heir has the right to:

– accepting a decline without limiting liability for consolidated debts – this is so-called simple acceptance, we are then responsible for the consolidated debts of the deceased with all his property, even if their value is higher than the goods left behind;
– accepting inheritance with limited liability for consolidated debts – this is so-called acceptance with the benefit of the inventory, for the consolidated debts of the deceased we are only responsible for the amount of the property left by him;
– rejection of the inheritance – then we will not inherit either the deceased’s obligations or his property, and our share in the inheritance passes to the remaining heirs (unless they also reject it).

To make a statement in court or at a notary public, we have six months from the moment we learned about the right to inherit. The lack of a declaration is the same as accepting the inheritance with the benefit of the inventory. This means that the wife of the deceased will be responsible for his consolidated debts, only up to the amount of the property received. Thus, it will be necessary to draw up an inventory list, which will allow to estimate the value of the abandoned property and satisfy the claims of the creditors. Earlier, if we did not make the appropriate statement, we inherited the drop from the machine and it was a simple party.

A waiver of inheritance and the deceased’s obligations

If we are interested in whether or not the wife is responsible for the husband’s consolidated debts after his death, we should look at the issue of resigning from inheritance. A waiver of inheritance is an agreement concluded in the form of a notarial deed. It is drawn up between the future testator and the future heir.

Importantly, such a contract can be written only during the life of the future testator. The consequence of the contract is that the future heir is excluded from inheritance and is treated as if he did not live to see the opening of the inheritance. He also loses the right to save. A waiver agreement (unless other terms are included in it) also applies to the children and grandchildren of the future testator.

Who needs to pay off consolidated debts after the deceased?

Whether the wife is responsible for her husband’s consolidated debts after his garbage depends not only on whether there was a common property between the spouses, but also on the nature of the obligation. It is obvious that someone will have to pay off their consolidated debts. Depending on the conditions under which the loan agreement was concluded, the further fate of such consolidated debt may be different. In a situation where the deceased took out a cash loan and did not insure it, the amount to be repaid remains in the estate and inherit. Those who receive a drop will also have to pay it off (unless they give up the inheritance).

If the deceased took out a cash loan which was insured (in the event of death), the loan will not enter the estate. The loan will be repaid by the insurer from the policy. If it does not cover the entire consolidated debt incurred by the deceased, the heirs will have to pay the outstanding part.

The situation of liability for the consolidated debts of the deceased spouse will be slightly different when the loan taken was secured by a surety. Then the obligation to repay the obligation falls on the borrower. It is worth knowing that by guaranteeing a loan, the guarantor declares that he will repay the consolidated debt in a situation where the person who appears on the credit agreement can not do it. This also applies to the death of the “legitimate” consolidated debtor. If all the heirs renounce their inheritance, the only person responsible for repaying the obligation will be a survivor.

This responsibility will also take place when there are heirs, but they do not pay off the consolidated debts left after the deceased. The surety does not end when the consolidated debt goes to the heirs.

And what about the mortgage?

The acceptance of the fall with the benefit of inventory already discussed, however, does not solve all the problems of heirs. If the deceased left a mortgage, the bank remains the owner of the property until the consolidated debt is fully repaid. This means that he has the right to satisfy his claims from the real estate for which he has been loaned, even if the deceased’s family lives in this apartment. In accordance with the law, the bank may take up such a property and sell it on the public bailiff bidding process.

Is the wife responsible for the husband’s consolidated debts after his death? Summary

Although the wife is responsible for the husband’s consolidated debts after his death, the obligation to repay such obligations can be avoided. Before we decide what to do with the loss left, let’s first check where and how much the deceased had consolidated debts. Then we will be able to estimate whether it is more profitable for us to accept the inheritance with the benefit of the inventory or reject it.

If we do not think about paying off the consolidated debts of our spouse during his lifetime, we can forgo the inheritance. Remember, however, that it is not possible to surrender the inheritance to another person. We can not choose what assets we want to leave as well as what we prefer to reject.

 

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