遺產承辦處理

2015-02-28 12:48 am
想問遺產承辦時, 發現有銀行債務. 要怎樣處理. 同埋如果辦殮葬時問朋友屋企人借了錢, 那些會否先還?
更新1:

1. 辦理遺產時, 發現死者有債務, 是否一定要先處理? 2. 處理債務有冇分先後次序? 因為做殮葬時也問朋友借了一點錢 3. 債務處理不來, 是否代表遺產也不能取回?

回答 (3)

2015-02-28 2:48 am
✔ 最佳答案
1. In order to inherit any estates, all debts must be fully repaid first.

So once the probate is completed and the estate is available, the executor must repay the bank, either in full amount of the debt or the estate, whichever is the smaller.

2. No.



2015-02-28 20:40:24 補充:
1. Yes. It does not mean the debt needs to be repaid in full.

For example, if the estate includes a property in mortgage, as soon as the bank is willing to allow the beneficiaries to resume the liability and continue payment, the bank will then allow the estate to be transferred.

2015-02-28 20:46:31 補充:
2. Yes. Unfortunately, funeral expenses are not a debt from the deceased.

Once a person has passed away, he/she can no longer borrow any money for the funeral. So funeral expenses, if borrowed, are usually debts from the deceased's family for the deceased.

2015-02-28 20:46:35 補充:
2. Yes. Unfortunately, funeral expenses are not a debt from the deceased.

Once a person has passed away, he/she can no longer borrow any money for the funeral. So funeral expenses, if borrowed, are usually debts from the deceased's family for the deceased.

2015-02-28 20:47:27 補充:
You are welcome to use the deceased's estate to repay. But this is not a debt from the deceased.

3. If the net estate is negative (debts > assets), unless the beneficiaries are willing to resume the debt, there is no point to inherit.

All creditors will be forced to forfeit the debts.
2015-03-01 3:06 am
1. 辦理遺產時, 發現死者有債務, 是否一定要先處理?

2. 處理債務有冇分先後次序? 因為做殮葬時也問朋友借了一點錢
2015-02-28 2:02 am
你問題咁亂嚟!你交代清楚人物關係先,用甲乙丙就可以。另外要承辦遺產一定要直繫親屬,有遺囑就另計。


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