When a person dies and leaves an IOU, can the money be returned? Payment!

1. When the creditor dies, the IOU can still be claimed in accordance with the law, and its legal first-order heirs can inherit his living creditor's rights.

If the ownership of the relevant estate is clear, one of the legal first-order heirs may claim the creditor's right against the debtor as the heir of the creditor.

2. After the death of the creditor, if he did not leave a legal and valid will during his lifetime, his personal property, including creditor's rights, shall also be regarded as part of the estate and enter the statutory inheritance procedure together with other estates

According to Article 10 of the Inheritance Law of the People's Republic of China, the inheritance shall be carried out in the following order:

First-order heirs: parents, spouse, children.

Second order of heirs: siblings, grandparents, maternal grandparents.

After the succession begins, the inheritance begins by the first-order heirs, and the second-order heirs inherit if there are no first-order heirs.

For the purposes of this Law, "children" refers to legitimate children, illegitimate children, adopted children, and stepchildren with a relationship of dependency.

Is the payment a corporate debt or a personal debt? The company's debts can be collected, and the personal debts are divided, so let's be clear that unless his heirs are voluntary, his heirs will not be legally required to pay them back. Here's another chance:

His estate should be used first to pay off debts, and if his estate is not enough to pay off you, you will be miserable.

Legal analysis: need to repay, borrow money without writing an IOU, the borrower dies and still needs to repay the debt, the parties can claim rights to the debtor's estate heirs, repay the debts within the scope of inheritance, negotiation fails, the creditor sues the court, the heir gives up the inheritance, and the debtor's estate is used to repay the debt.

Legal basis: Civil Code of the People's Republic of China

Article 1161:The heirs shall pay off the taxes and debts that the deceased shall pay in accordance with law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

Article 1162:The execution of a bequest shall not hinder the repayment of taxes and debts that the legatee shall pay in accordance with law.

Article 1163: Where there is both legally-prescribed inheritance and testamentary succession or bequest, the legally-designated heirs are to pay off the taxes and debts that the decedent shall pay in accordance with law over the actual value of the legally-prescribed inheritance, and the testamentary heirs and legatees are to pay off the inheritance in proportion to the inheritance.