QUOTE(cfa28 @ Jan 6 2015, 06:57 PM)
If the deceased died without a Will and have money in the Account, I would advice not to inform the Bank until you have taken out the money.
if you have ATM Card, better you take out all the Cash and then only inform the Bank
After you have taken out the Cash, you need to inform the Bank that issued the Credit Card of your FIL Death by giving a copy of the Death Cert and ask the Bank to immediately Cancel the Cards.
Ask the Bank to charging any more additional charges / interest until the financial affairs are sorted out.
Then does your FIL have any surplus estate / Assets
Banks cannot sue a Dead Person but they can sue the Estate or the Admnistrator of the Estate
Do you have any Lawyer friends who can help you or perhaps your Insurance Agent who can give detailed advice.The position of the Law is that you can only bequeath Assets and not Liabilities.
So for Loans, unless any of the beneficiary was a Joint Borrower, no other person will be liable for it.
But as the Property was charged, the Bank will need to be repaid. Hence, either the Housing Loan must be settled or the Bank will auction of the Property with the Balance of the proceeds after netting of the Principal Sum to be distributed to the beneficiaries.
By Right, the Administrator is suppose to settle all liabilities before distributing the surplus assets. This includes paying off all other liabioities of the deceased such as Taxes, CC, etc.
The Creditors can take action against the Administrator only and not the beneficiary.
FYI, Insurance monies are excluded from this and can be paid directly to the Beneficiary without any set-off of Liabilities due to Lenders / Creditors
I believe EPF Monies can also be paid directly to Beneficiary without set off of loans ourstanding.
Pls could someone advise is above information still apply?if you have ATM Card, better you take out all the Cash and then only inform the Bank
After you have taken out the Cash, you need to inform the Bank that issued the Credit Card of your FIL Death by giving a copy of the Death Cert and ask the Bank to immediately Cancel the Cards.
Ask the Bank to charging any more additional charges / interest until the financial affairs are sorted out.
Then does your FIL have any surplus estate / Assets
Banks cannot sue a Dead Person but they can sue the Estate or the Admnistrator of the Estate
Do you have any Lawyer friends who can help you or perhaps your Insurance Agent who can give detailed advice.The position of the Law is that you can only bequeath Assets and not Liabilities.
So for Loans, unless any of the beneficiary was a Joint Borrower, no other person will be liable for it.
But as the Property was charged, the Bank will need to be repaid. Hence, either the Housing Loan must be settled or the Bank will auction of the Property with the Balance of the proceeds after netting of the Principal Sum to be distributed to the beneficiaries.
By Right, the Administrator is suppose to settle all liabilities before distributing the surplus assets. This includes paying off all other liabioities of the deceased such as Taxes, CC, etc.
The Creditors can take action against the Administrator only and not the beneficiary.
FYI, Insurance monies are excluded from this and can be paid directly to the Beneficiary without any set-off of Liabilities due to Lenders / Creditors
I believe EPF Monies can also be paid directly to Beneficiary without set off of loans ourstanding.
My relative just passed away. He has epf and owns a house (fully settled) but owe some credit card debts.
Will the banks sell off the house to get back the debt from credit cards?
Aug 2 2020, 03:59 PM

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