The departure of a loved one means not only experiences related to loss, but also costs. Its price is not only to organize a funeral, burial place and purchase of a tombstone, but also the issue of possible obligations of the deceased. It often happens that he had debts. Is the wife responsible for the husband’s debts after his death?
In life, close persons often hide many secrets from others. This also applies to financial issues, in which cases concealed for years, for example, loans, loans, debts, unpaid invoices, etc. can be a significant problem also after the death of the consumer. This applies to his potential heirs, in particular – a spouse or spouse.
Commitments – what happens to them after death?
The first is to know what is happening to the unpaid obligations of the person who dies. First of all, death does not mean for the bank that the obligation to pay off the remaining loan receivables is time-barred. What is even more interesting, the banking law regulating the scope of banking operations does not specify what is happening in the aforementioned situations. The Civil Code comes with help.
The first issue is a will. If the deceased left him, the issue of inheritance together with the inheritance of debts is the responsibility of the heirs identified in the inheritance. If the will is not left, then the so-called statutory inheritance.
Inheritance and statutory inheritance – differences
Inheritance means, in other words, acquiring duties to a given property from a deceased person. Both in the case of wills and statutory inheritance, both the family and the spouse may inherit. In the will, specific persons are indicated by the person making up the will, eg by assigning the plot to their descendant and the wife to the car.
Importantly, the records of the will have precedence over the provisions of the Civil Code, which, as mentioned earlier – regulates the operation of statutory inheritance.
Statutory inheritance – principles
According to art. 931 of the Civil Code, the so-called order of inheritance. It is a group of relatives who in appropriate order receives the appropriate parts of the inheritance. It is divided into five separate groups.
- The first are children and a spouse (husband / wife). They receive the property equally, although in the case of a spouse there is a reservation – its part can not be less than 1/4 of the total inheritance.
- If the deceased had no children, the fall is divided equally between the spouse (half of the inheritance), both parents and possible brothers and sisters.
- If the deceased’s parents are no longer alive and he did not have siblings, then all property falls to his wife.
- The deceased had no children and no spouse – the fall was equally for the parents, siblings and his descendants.
- If the deceased had no spouse, the parents are dead and there are no close relatives – the fall falls under the act of the municipality. If he did not have a specific place of residence in the country, then the estate becomes the property of the State Treasury.
It is worth mentioning that the spouse is included in the inheritance only if he has divorced before and the court has ordered his right to inherit. This is most often the case for divorces with a wine verdict. If the divorce was of a different nature and the court did not decide on property matters – then the spouse has the full right to apply for the entire inheritance or part thereof in accordance with the provisions of the Civil Code.
What rules must be met for the will to be valid?
In the case of a will, its basic principle is the principle of validity. First of all, the person who writes down the will must have legal capacity at the time of making it. In addition, it must do it on its own – it is not allowed to create joint wills, e.g. husband and wife. The document must contain place, date and signature, which is best drawn up in the company of a notary public at the office.
Is the wife responsible for the husband’s debts after his death?
Currently, there is the possibility of acceptance of a decline. This means that the wife, receiving a given part of the estate or a whole, has the right to inspect its full shape. If the deceased had, for example, unpaid debts, loans, loans and invoices, then there are two options.
- The first is the acceptance of the inheritance with the benefit of the inventory. It is the acceptance of assets and liabilities only from the amount of the inheritance value, i.e. both the assets and liabilities and debts.
- The second method is the total rejection of the inheritance and waiving all rights and obligations. Then his obligations are forfeited on other relatives specified in the will or relatives defined by law, in the absence of a will.
Each heir has six months (six months) from the day of his death to take any of the above decisions. Unfortunately, if he reacts later, the drop automatically forfeits his spouse and he can no longer be waived.
It is worth adding that in the case of an intercourse or lack of knowledge about the debts of the husband, the wife, in the event of accepting the inheritance, also takes on his debt and the obligation to repay such loans and credits.