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March 7, 2000

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Dealing with death

Larissa Fernand

Granted. The death of a spouse is not something that you'd like to talk about. But morbid as it may appear, it is still a reality. It could happen and it could happen to you. The very first thing that you should do is make ample copies of the death certificate and even keep copies of your marriage certificate ready.

  • Call your spouse's employer and inform them of the death. Follow that up with a formal letter and a copy of the death certificate. This will enable them to process all payments.
  • File a claim for the provident fund.
  • Deal with all the accident and health insurance and life insurance polices in your spouse's name. Here too, along with a formal letter, you will have to submit a copy of the death certificate. You may even have to give a copy of the marriage certificate.
  • Visit your bank manager. Once again, do so with a letter stating the death and a copy of the death certificate. Transfer all the money into another account in your name or you can open a new account joint with someone else. But if there are some payments that are still to come in your spouse's name, do keep the joint account with you running for some time.
  • If the property was jointly held, get it transferred onto your name or name someone else as the new joint owner.
  • Contact your stockbroker to find out what investments were in your spouse's name and if you want to sell them or transfer them on your name what the procedure should be.
  • Check for any other investments in your spouse's name such as post office schemes or the Public Provident Fund (PPF).
  • Contact your lawyer and ask if he has the will in his possession and when he would be releasing it.

Finally, start dealing with creditors, if your spouse had any. Creditors are not soft-hearted enough to forfeit any loan. But you are not obligated to settle them under law. The money and assets left behind by the deceased will have to be used to settle his or her debts. These can be in either in the form of a loan or it could also mean credit card outstandings.

Where the credit card is concerned, you will have to inform the credit card company by writing a letter along with a copy of the death certificate. If the dues are not much, the card company may waive it off. But if it amounts to a substantial amount, they may request you to pay at least some amount.

As for other debt, if the loans were taken jointly, then it will be the obligation of the other person to settle the loan. If the loan is solely on the name of the deceased, then the Indian Succession Act comes into play. The latter specifies that the estate left by the deceased has to be used to settle all his dues. So his entire bank balance, assets and property are to be used to this end first.

But the liability can only be claimed as far as the estate can bear the burden. That means if the loan or credit dues outstanding are Rs 100,000 and the dead person's assets only amount to Rs 75,000, this amount will have to be utilised in settling the debts. The family is not personally liable.

The moment there is a death, the family should meet the concerned bank official (in the case of the credit card) or the loan issuing authority (in the case of a loan) and submit a letter to the effect as well as a copy of the death certificate. Banks are usually willing to negotiate the amount that has to be settled. You may take your lawyer along, if you wish.

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