If a person dies and his credit card is overdue, his family will be sued.
If the cardholder dies and the credit card is overdue, the family members will be sued. If the cardholder had property during his lifetime, he will repay it. If there is an inheritance, the heirs of the estate will repay it. If the immediate family member does not have the capacity for civil conduct or the ability to repay the loan, the bank will look at whether there is any property or inheritance. If there is no property or inheritance, the bank will consider it a bad debt. In addition, if a family member inherits the deceased's estate, they need to repay the deceased's debts, but they can bear the repayment responsibility within the scope of the inherited estate. If a family member relinquishes their inheritance rights, they do not need to pay the debts of the deceased.
The steps for inheritance are:
1. The scope of the inheritance, scope of heirs, inheritance shares, inheritance methods and other main contents should be confirmed according to the order of legacy and support agreement, will and legal inheritance. ;
2. The executor shall divide the estate in accordance with the content requirements determined above;
3. The heirs shall claim ownership according to the shares obtained according to law. For example, real estate can be transferred and registered based on inheritance materials.
To sum up, if a person dies and his credit card is overdue, his family members will be sued. The premise is that the debtor’s family members express their willingness to inherit the debtor’s property. In other words, if the debtor’s family members do not give up the inheritance, they will be sued. While inheriting the debtor's rights and property, you also need to inherit the debtor's credit card debt.
Legal basis:
Article 1159 of the "People's Republic of China and Civil Code"
When dividing the inheritance, the deceased must be paid off Taxes and debts that should be paid in accordance with the law; however, necessary inheritance should be reserved for heirs who lack the ability to work and have no source of livelihood.
Article 1123. After the inheritance begins, it shall be handled in accordance with the legal inheritance; if there is a will, it shall be handled in accordance with the testamentary inheritance or legacy; if there is a legacy and support agreement, it shall be handled in accordance with the agreement.
Article 1,127 The inheritance shall be in the following order:
(1) First order: spouse, children, parents;
( 2) Second order: brothers and sisters, grandparents, maternal grandparents.
After the inheritance begins, the first-order heir will inherit, and the second-order heir will not inherit; if there is no first-order heir, the second-order heir will inherit.
Children referred to in this article include legitimate children, illegitimate children, adopted children and dependent stepchildren.
The parents referred to in this article include biological parents, adoptive parents and step-parents who have a supportive relationship.
Brothers and sisters referred to in this article include brothers and sisters of the same parents, half-brothers or half-fathers, adopted brothers and sisters, and step-brothers and sisters with dependent relationships.
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