At the time that a Peruvian citizen dies And leave money in a bank, the doubt arises about the fate of those funds. In this context, it is essential to determine whether the bank can retain savings or if the amount can be claimed by the heirs.
It is also necessary to know what happens in cases where the deceased had pending debts. Next, it is explained what the Civil Code of Peru Regarding this situation, in order to provide clarity on the management of financial obligations after the death of a person.
If you have debts in the bank and die, are they canceled or inherited?
According to the Civil Code of Peru, the Judicial Branch He explained through his social networks that, when a person with debts died, his heirs must assume the payment, but not with his own assets, but with the assets of the deceased.
In this sense, the payment obligation is limited to inherited goods and does not affect the personal assets of family members. “Heirs must pay debts of the deceased with property of the deceased”, you can read in the Articles 871 to 873 of the Civil Code.
DATCH CITIZEN IN PERU: Can the bank keep their savings?
According to Eduardo Chávez, Legal General Manager of the Peruvian Association of Insurance Companies (Apeseg)bank entities cannot appropriate the money of a deceased savers. For family members to access these funds, they must present an intestate succession or a DECLARATORY OF HEIRS. After completing this process, legal heirs may have the money deposited in the financial entity.
“If you are a bank saver and unfortunately you die, that money is not going to be the bank. What relatives have to do is present the intestate succession, or also called the declaration of heirs, and once the declaration is presented, the legal heirs of the bank will be able to access the money of those who in life maintained their savings”Chávez said.
As for bank debts, Chávez indicated that insurers offer two coverage modalities. The most frequent liquid the debtor balance in case of death or permanent disability, preventing relatives from assuming debt.
“When you ensure the unpaid balance, if the credit holder dies or is left with permanent and total disability – which does not allow it to generate income – automatically the insurance company takes over the absolute debtor balance and the relatives do not have to pay anything,” Chávez added.
The second modality, less used for its highest cost, covers the original amount of credit. In this option, if the holder dies or is incapacitated, the insurer issues two checks: one to the bank to pay off the debt and another to the legal heirs due to the difference with respect to the initial amount.
“If the person dies or is totally and permanently invalid, and cannot generate income, the insurance company rotates two checks: one in the name of the bank for the balance of the debt and another second check due to the difference with respect to the initial amount in favor of the legal heirs of the person,” he said.
Follow the Republic at WhatsApp! Join our channel from your cell phone and receive the most important news from Peru and the world in real time.
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
