QUOTE(blnh76 @ Jan 6 2015, 03:35 PM)
Thanks for the reply.
No Will, passed away suddenly.
As far as we know, not much cash in the bank, only debts.
Now in the process of LA. Hopefully can be done asap.
Few credit cards debt and 2 housing loans too.
My planning is to ask the LA to distribute all the assets once it's ready to do so.
Then only inform to the credit card issuer.
For those housing loan, is it we need to settle the outstanding first, then can only distribute?
My condolence again to you and especially your wife.
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.
This post has been edited by cfa28: Jan 6 2015, 03:54 PM