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In Poland, are debts passed on to next of kin when a parent dies?


angol 1 1 | 2
11 May 2014 #1
My polish wife has just learnt that any debts her mother has when she dies will be passed down to her and her sister...
Even though they haven't signed or been given any notice or documents of any type of debt, while the loans were being approved.

Apparently even when your parents can't pay a loan and they are alive, it comes back to the NOK to pay..

If this is so, how can it be? What if you haven't seen or heard from a parent for 30 odd years?

Or that absent father you never met?

you've never agreed to pay their debt with the lender and didn't even known they took a loan out.

I really don't think this is accurate.

Can anyone shine a light in this topic please?
Lenka 3 | 2,876
11 May 2014 #2
When mom dies she can reject the inheritance within 6 months. She rejects everything then- profits and debts. If she doesn't reject it yes, she'll have to pay (the debts may be insured btw meaning they will get canceled after the mother's death)
OP angol 1 1 | 2
11 May 2014 #3
Thanks for responding...

How about an absent parent? You havent seen him (or her) for many years and have no idea if they are alive or dead?

You dont put in a rejection (still can't believed that law) because you don't know anything about them and suddenly get a bill to pay their massive debt.

One other question... A parent in Poland becomes Ill. Needs to remain in a care home and has no insurance... Again.... The NOK expected to pay for the bills? / part bills?

Many Thanks..
Lenka 3 | 2,876
11 May 2014 #4
How about an absent parent? You havent seen him (or her) for many years and have no idea if they are alive or dead?You dont put in a rejection (still can't believed that law) because you don't know anything about them and suddenly get a bill to pay their massive debt.

Then you'd have to go to court present your case I believe.

One other question... A parent in Poland becomes Ill. Needs to remain in a care home and has no insurance... Again.... The NOK expected to pay for the bills? / part bills?

.Yes, if they want their parents to go to a better care facility. However if your parents can't support themselfs thay can sue their kids for "parents support".
Dont gag me yo 7 | 156
11 May 2014 #5
can sue their kids for "parents support".

Really?
Lenka 3 | 2,876
11 May 2014 #6
Yes. It works like that- your parents brought you up, supported you and so on. So if they are unable to support themselfs you should repay their sacrifices.
bullfrog 6 | 602
11 May 2014 #7
Yes, if they want their parents to go to a better care facility. However if your parents can't support themselfs thay can sue their kids for "parents support".

Same applies in many other European countries
OP angol 1 1 | 2
11 May 2014 #8
I would have thought that's why people pay taxes, to have support from the government when its time to rely upon them. Pre EU I might understand, but not now.

So a parent who barely supported her kids or an absent father.... They can sue kids... ?

I guess its like anyone suing anyone else for a reason... Its down to the courts to decide...

These must be old communist draconian laws that need to be updated by the new and improved polish EU government

Your replies are very much appreciated.
bullfrog 6 | 602
11 May 2014 #9
These must be old communist draconian laws that need to be updated by the new and improved polish EU government

No, similar law exists in France (article 205 of the Civil code)
wrrrr
12 May 2014 #10
Tiny correction: you can reject the inheritence within 6 months but not from the date of the death of your devisor but from the date when you find out that you are a heir! You can fully reject or accept the inheritence limitedly (z dobrodziejstwem inwentarza) it means that you are obliged to pay the debts in the extend to which they can be covered by the value of the inherited assets. So sorry for my poor English I hope it makes any sense.
Dont gag me yo 7 | 156
12 May 2014 #11
but from the date when you find out that you are a heir

How can that be prooved?maybe when you get the letter from the bank that you are responsible that you owe them..that is if you live abroad and after 3/4 years if one ever travels to poland and find out.So technically you have 6 months from then?
Harry
12 May 2014 #12
So a parent who barely supported her kids or an absent father.... They can sue kids... ?

There was a case recently in Germany where a man who had had no contact with his father for 43 years was forced to pay a EUR 9,000 bill for his recently deceased father's care home. Bremen city took him to court for the money and won. A few years back there was a case when a man was forced to pay EUR 40,000 for care costs for his aged and mentally ill mother's care home even though she had abused him when he was a child.

These must be old communist draconian laws that need to be updated by the new and improved polish EU government

Nope.
boddo
10 Apr 2016 #13
SO my wife has rejected the debt form her late father within the 6 months etc. But the bank still took them to court and the bank has just won the case?!! now they have to pay the banks court fews!!! 1200 euros..

They are going to appeal now, but nobody seems to know why the bank won or if they will have to pay the full debt!


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