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What should I do if a person dies suddenly and owes money on deposits and credit cards?

As a major risk, if a person dies suddenly, his or her deposits will belong to the estate and be protected in accordance with the law. However, credit card debt is a kind of debt, and banks also have relatively sound policies. Collection mechanism.

Deposits are a kind of financial asset for savers. They become inheritance after death. How should they be disposed of? Of course, it is not "appropriated" by the bank, but is disposed of in accordance with the relevant provisions of the "Succession Law". There are several forms:

First, it is disposed according to the will of the deceased. That is to say, if the depositor has made a valid will (notarized) regarding the deposit during his lifetime and designated the heir of the deposit, then the heir can use the will to go to the bank to handle withdrawals or transfers.

Second, family members can withdraw money directly. Mainly means that if the family members hold the deposit certificate and know the password and relevant identity documents, as long as they meet the conditions specified by the bank, they can directly withdraw or transfer the account, which is equivalent to agency withdrawal. However, if the payee intentionally conceals death information and causes an inheritance dispute, the bank will generally not be held liable.

Third, if it does not meet the bank withdrawal regulations, it will need to be inherited through legal procedures. In the absence of a will, legal procedures will be required because the family members (legal heirs) do not have deposit certificates, do not know the password, or have incomplete identity documents, etc. The legal procedures mainly include: notarization, that is, the heirs have reached an agreement on the distribution of the inheritance. If there is no objection, they can go to the bank to handle withdrawal or transfer with the "Notary Certificate of Bank Deposit Inheritance"; mediation or judgment, that is, the heirs have objections to the distribution and cannot reach an agreement. If they are consistent, you need to go through court mediation or judgment, and finally go to the bank with a mediation letter, judgment, or ruling to handle withdrawal or transfer.

For deposits of deceased persons, the bank will generally not notify the heirs before they contact the bank, because firstly the bank does not know whether the depositor is alive; secondly the bank needs to fulfill its obligation to keep the depositor confidential to avoid unnecessary dispute. Therefore, this kind of deposit will continue to be guaranteed in accordance with the original agreement, and interest will be calculated, waiting for the heirs to handle it in accordance with the law at any time.

Credit card debt is a kind of claim for the bank. When the major risk of sudden death of the cardholder occurs, collection measures will be taken immediately to minimize losses. The specific measures are as follows:

First of all, the balance can be forcibly deducted from the bank's debit card with the same name to repay the credit card debt. This is also one of the card issuer's rights clearly stipulated in the credit card regulations. Follow the procedure below.

The second step is to collect collection from the cardholder’s spouse, because according to the provisions of the “Marriage Law” and “Inheritance Law”, the spouse is the same debtor and bears joint and several liability for the repayment of family debts. Of course, if the spouse can prove that the credit card overdraft was not used for family expenses, he can exercise the right of defense.

Third, if there is no spouse, the heirs of the property in the name of the deceased, such as children or parents, will be collected. However, if the heirs give up their inheritance rights, they can refuse to repay the debt.

Fourth, if the spouse or other property heirs refuse to bear the responsibility for repayment, or there are no heirs, the card issuing bank will collect it through civil litigation, such as freezing and deducting bank deposits in the name of the deceased, and seizing Auction real estate, etc., to repay credit card debts.

Fifth, if there is no spouse and no enforceable property, after collecting relevant supporting materials, the bad debt write-off process will be entered, and the bad debt will be written off after review and approval by the relevant superior department.

In fact, the best way for the bank is to check the credit report. All deposit arrears can be reflected. Deposit? You can go to the bank with various certificates to close your account and withdraw cash. Arrears involve issues of inheritance. Our country's constitution does not say that the debts of the father should be repaid by the son, but based on the principle of fairness, inheritance must clear debts equal to the value of the inheritance. In other words, if you inherit one million, but his various debts reach 800,000, then you will inherit 200,000. If the debt is greater than the inheritance, the heirs can give up the inheritance. This is much simpler. Creditors or entities may file a lawsuit to auction off the property to repay debts.