Inheritance debts!

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09 Sep 2009 12:00 AM by joanmalaga Star rating in Costa del Sol. 419 posts Send private message

I have a friend whos husband has unfortunately passed away.  They had a joint account in Spain and a credit card each, looks like the bank did not issue insurance on any of these cards.

They are telling me that the debt of the late husband has to be paid.

There is no inheritance or will as there was no property or money to be left to anyone and therefore there is nothing to inherit.

Can anyone advise whether a grant of probate is needed? Does this cost anything?

Do they really have to pay his debt or is there any way out of it?

Hope to hear something positive!

Joan





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09 Sep 2009 4:18 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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I would noty worry about it till the bank issue a formal request of the debt.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Sep 2009 4:40 PM by joanmalaga Star rating in Costa del Sol. 419 posts Send private message

Thank you Maria.  The bank has requested all sorts of paperwork that they do not have and will never have.  We are waiting to see what the next step is.

Joan





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09 Sep 2009 4:45 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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PLease keep us updated.

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Nov 2009 2:54 PM by joanmalaga Star rating in Costa del Sol. 419 posts Send private message

Just to keep you updated.  My friend has to pay her husbands debts! It is just a small amount on a credit card which insurance is rubbish and basically does not cover anything! Even though there was no will, property or money to be inherited the bank still wants grant of probate to put the account in her name and so she can pay the debts.

She has to pay a grant of probate just so she can pay the debts, absolutely ridiculous.

Why do all these cards have insurance if you can not use them when you need them!

If she does not pay they will take her to court!

What a nice end to this story.

By the way i am talking about Banco de Andalucia part of Grupo Banco Popular

 





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09 Nov 2009 5:05 PM by Marksfish Star rating in Vera, Almeria. 2624 posts Send private message

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They had a joint account in Spain and a credit card each

So the bank account was in joint names, were the credit cards on a joint account or were they separate? If the account was in her husband's name and she was an additional cardholder, then in the UK he would have been the liable party and (if there is no estate) the debt dies with the account holder, unless the additional cardholder has made any purchases since the death. If it was a joint credit card account then both are equally liable. Credit cards are a form of unsecured debt which means that the debt cannot be placed against the property or someone else being made liable for payment. Of course, the bank may issue court proceedings if the amount is worth their while and they rely on the plaintiff not turning up at court, as they win by default. I have been to some of these hearings in the past (only in the UK) and the large organisations on't even send a representative which means if you turn up, you win!

I can't see there being any difference in Spain as the credit card industry has had to come up to European Spec in the UK which should mean Spain has too (although we know the banks have their own rules!!).

Best bet really is to tell her to seek some legal advice. It will probably cost, but it may save her money in the long run by not having to pay debts that aren't hers.

Mark





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09 Nov 2009 5:47 PM by joanmalaga Star rating in Costa del Sol. 419 posts Send private message

Thanks markfish,

My friend is leaving Spain anyways so she is just going to let the bank whistle for it.  She owns nothing so they can not take anything from her and unfortunately she is not planning on never comming back.  Spain has been nothing but trouble for her lately and has come to hate the place which is a real shame.

I dont think the bank will do much about €1.000 once they know she has left for good but we will just have to wait and see.

Joan





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