Will Brazilians have to pay loans from deceased relatives? Understand!

Is it true that people can leave "inheritance" debts? Check everything the legislation says about the obligation to pay loans from deceased relatives.

The issue of paying off loans from deceased relatives is a topic that raises many questions and concerns. Recently, a court decision brought clarity to this matter, directly impacting the heirs of debtors of payroll loans in Brazil.

In our guide, we will delve deeper into this topic to better understand the implications of this decision and what it means for Brazilians. Check it out below!

Should relatives pay deceased’s loans? Credit: plasticaxe.

How do loans work?

Loans, especially payroll loans, are a common form of credit in Brazil. They are particularly popular among retirees, INSS pensioners, public servants and employees of private companies.

In these loans, the installments are automatically deducted from the payroll or benefits, facilitating payment and reducing the risk of default.

However, the question that arises is: what happens to these debts when the debtor dies? We’ll talk more about this below.

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TRF pronounces on loans from deceased relatives

The Federal Regional Court of the 1st Region (TRF1) recently decided that, in the event of the death of the debtor of a loan, the heirs have the obligation to pay the remaining debt.

This decision came after the denial of an appeal seeking the cancellation of debt collection from a deceased citizen.

Understand the process better

In the legal action that resulted in the decision, heirs of a deceased person argued based on Law 1,046 of 1950, which provides for the extinguishment of the debt in the event of the death of the contracting party.

Furthermore, the heirs’ lawyers used rule 10,820 of 2003, which governs payroll loans but does not specify procedures in the event of the borrower’s death.

Despite these arguments, the specific value of the loan in question was not disclosed, raising more questions than solutions.

Federal judge Pablo Baldivieso, who reported the case, concluded that, as the loan contract did not include insurance for the death of the contractor, the debt does not extinguish with death.

Its position, in line with the understanding of the Superior Court of Justice (STJ), is that the deceased’s inheritance must be used to pay off the loan up to the limit of its value.

Should heirs pay off loans from deceased relatives?

The TRF1 decision has significant implications for the heirs of payday loan debtors.

They may now have the responsibility to use the inheritance to pay off payday loan debts, an important aspect to consider when dealing with the inheritance and debts of deceased loved ones.

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The impact of the court decision

The court decision reinforces the importance of being well informed about the financial implications of loans, particularly in cases of debtor death.

For heirs, it is crucial to understand their responsibilities and rights related to the inheritance and the debts left behind. The case also highlights the complexity of financial laws and the need for careful management of debts and inheritances.

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