Deceased spouse's debt

[Kikomann]

What do you think po mga sir/maam. Noong namatay ang asawa ko tatlong credit card company ang tumatawag sa akin at pinababayaran ang mga utang nya sa credit card. May 11k, may 70k, may 300k. Obligasyon ko bang bayaran ang mga iyon? Noon nag loan naman sya hindi naman ako pumirma at sa totoo lang hindi ako aware. Siguro dahil sa kagustuhan niyang matulungan ako sa gastusin ng kanyang pagpapagamot, umutang siya.

[kagalingan]

antay tayo may alam sa bangko.

Interested din ako if ever mag-asawa ako.

[_Cathy_]

No. You are not obligated to pay but the bank can run after your wife's estate.

Anything under BOTH your names can be put on hold and divided among the creditors.

If you have joint account pwede habulin yan. But your individual account wala sila habol. Read between the lines na lang sir.

I am sorry for your loss

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[Ry_Tower]

No. You are not obligated to pay but the bank can run after your wife's estate.

Anything under BOTH your names can be put on hold and divided among the creditors.

If you have joint account pwede habulin yan. But your individual account wala sila habol. Read between the lines na lang sir.

I am sorry for your loss

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Yes this is correct.

Assuming na wala kayo pre-nup agreement ha. Kalahati ng properties niyo ay sa wife mo kasi as part of her estate. The estate will have to pay the debts in an intestate (no will) or testate proceedings(there is a will).

If the banks do not file a case, you can ignore them. Pero yung P300K at P70K malamang maghabol yun kasi malaki amount, pero yung P11K hindi na malamang.

Claims which could be filed against the estate.
1. Money claims, debts incurred by deceased during his lifetime arising from contract:
a. Express or implied;
b. Due or not due;
c. Absolute or contingent.
2. Claims for funeral expenses;
3. Expenses for the last illness of the decedent(dead person);
4. Judgment for money against decedent.
5. Claims for torts or negligence of the decedent resulting to damage to a person or property.
6. Unpaid taxes due to the state.

[boybi]

May habol ba creditors sa makukuhang insurance ng deceased?

[Ry_Tower]

May habol ba creditors sa makukuhang insurance ng deceased?

It depends. The only way it can become part of the deceased’s estate is if the policy owner instructs the insurance company to pay the estate or if he/she neglects to name another beneficiary. In that case, the death benefit would go to the estate by default.

So if the insurance is for certain beneficiaries and not the decedent himself or his estate, that will not become a part of the estate and thus cannot be a source of payment for debts. Kumbaga property ng mga beneficiary na kasi kaya hindi mahahabol ng creditors yun.

[hinlog]

May habol ba creditors sa makukuhang insurance ng deceased?

Puede, kung ung creditor ay declared as the assignee or one of the assignees of the deceased insurance contract. Under normal conditions, it is indicated with specific amount.

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[boybi]

Puede, kung ung creditor ay declared as the assignee or one of the assignees of the deceased insurance contract. Under normal conditions, it is indicated with specific amount.

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Kung walang assignee? And the beneficiaries e mga anak?

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It depends. The only way it can become part of the deceased’s estate is if the policy owner instructs the insurance company to pay the estate or if he/she neglects to name another beneficiary. In that case, the death benefit would go to the estate by default.

So if the insurance is for certain beneficiaries and not the decedent himself or his estate, that will not become a part of the estate and thus cannot be a source of payment for debts. Kumbaga property ng mga beneficiary na kasi kaya hindi mahahabol ng creditors yun.

Oops, nasagot na pala. Thanks.

[shadow]

You lost your wife. Even if meron sila habol which is wala, unahin mo pa ba yan mga creditors? Saka I'm sure mga collection agency na mga yan. Pag tumatawag mo ng kausapin,


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[dr. d]

What do you think po mga sir/maam. Noong namatay ang asawa ko tatlong credit card company ang tumatawag sa akin at pinababayaran ang mga utang nya sa credit card. May 11k, may 70k, may 300k. Obligasyon ko bang bayaran ang mga iyon? Noon nag loan naman sya hindi naman ako pumirma at sa totoo lang hindi ako aware. Siguro dahil sa kagustuhan niyang matulungan ako sa gastusin ng kanyang pagpapagamot, umutang siya.

they can try claiming it against your late husband's iniwang kaperahan or ari-arian.
they may not touch a centavo under your name alone.
wives do not inherit husband's utangs.

[Ed.Autel]

Credit card companies usually employ tactics to the point that they call, demand, and convince the widower, the full payment of his so-called "assumed obligation" left by the deceased. However, the bereaved spouse has no legal obligation to pay as correctly mentioned in previous posts.

Am not a lawyer by profession, but I believe their best chance to collect is to file a legal claim against the estate of the deceased to collect the debt owed. This is a tedious task and an expense to the card company, as they need to undertake or 'hunt' for property(ies) registered under the deceased's name. For them to save on time and expenses, they hope to produce results by frequent calls to press for collection.

[_Cathy_]

Am not a lawyer by profession, but I believe their best chance to collect is to file a legal claim against the estate of the deceased to collect the debt owed. This is a tedious task and an expense to the card company, as they need to undertake or 'hunt' for property(ies) registered under the deceased's name. For them to save on time and expenses, they hope to produce results by frequent calls to press for collection.

+ 1 the bank will not go through the hassle of going after the estate for a small amount. Write off na yan. Not sure though how far they will go for P300k...

[sirkosero]

Banks will try to get payments for the next few months. If you pay a few times, they will hound you for more payments. If you dont pay outright, they will just make kulit.

After that wala na. They cannot force you to pay because it is not your debt. Hindi namamana ang utang unless co-obligor ka

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[vti]

Banks will try to get payments for the next few months. If you pay a few times, they will hound you for more payments. If you dont pay outright, they will just make kulit.

After that wala na. They cannot force you to pay because it is not your debt. Hindi namamana ang utang unless co-obligor ka

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[EQAddict]

Condolences sir. Hard loss and then compounded with this action from the banks makes it even harder.

I dont think you can be forced to pay...but sadly (cause its 3 separate banks)...your credit will be affected even if you are not the borrower.

Prime example. I have a friend who is estranged from the spouse for more than 15 yrs. This friend wanted to buy a car and was willing to put down 50% dp (which is safe for any financing institution). This friend has no debt etc. Has paid off two previous loans and earns more than 300k a month. The loan was denied by major banks because the credit report showed that the estranged spouse had several hundred thousand in unpaid credit card debts. Hassle for this person. Will have to find a well heeled co-maker or pay in cash.


Sadly if you have any plans of tapping the banks for loans in the next 10 years...you will need to pay. Otherwise if you are comfortable not needing to have access to financing, then ignore them.

Either way condolences.



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[yebo]

Debts cannot be inherited. Wala habol bank sa iyo.

[Lew_Alcindor]

What do you think po mga sir/maam. Noong namatay ang asawa ko tatlong credit card company ang tumatawag sa akin at pinababayaran ang mga utang nya sa credit card. May 11k, may 70k, may 300k. Obligasyon ko bang bayaran ang mga iyon? Noon nag loan naman sya hindi naman ako pumirma at sa totoo lang hindi ako aware. Siguro dahil sa kagustuhan niyang matulungan ako sa gastusin ng kanyang pagpapagamot, umutang siya.

Save yourself too much stress and ask for a legal advice from a friend or someone you know. Kahit naman may bayad, hindi naman malaki bayad kung consultation lang.

[benchph1]

As far as i know, loans with banks, pagibig or SSS will be considered as fully paid when the loanee/loaner (tama ba ang term?) passed away.

But for personal loans, ibang usapan yan.


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[vinrem]

As far as i know, loans with banks, pagibig or SSS will be considered as fully paid when the loanee/loaner (tama ba ang term?) passed away.

But for personal loans, ibang usapan yan.


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Yup, that's what I also know, kasi when my brother passed away, yung loan niya for the house and another commercial lot are fully paid na.

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[_Qwerty_]

iba pag housing loan.. kasi may MRI yun..

pag car loan / personal loans / CC wala.. so hahabulin talaga yung spouse.. pero pwede mo namang hindi bayaran.. hassle nga lang kasi tatawagan ka nang tatawagan nang mga yan..