What to do if the IOU person dies? 15

When a person dies, he incurs his debts with his inheritance. It is possible to sue the heirs of their estate for repayment. However, if the amount of debt exceeds the value of the estate, the heirs are not entitled to repay the excess amount.

But you have a problem here, that is, the signature or handprint on the IOU, it is impossible to identify who wrote or pressed, and if the other party questions it, the evidence will not be accepted by the court.

But there is a way, that is, try to find out whether the debtor has had a signature in the ** department before his death (such as marriage registration, etc.), if so, you can apply to the court to obtain the evidence, and then determine whether the two handwriting is written by the same person through identification, then it is OK.

If the borrower dies, his family is not legally obligated to repay the loan, but they can negotiate with them. Even if you find the second sister, it is useless, the second sister did not sign the contract.

I borrowed money in 97, I don't know if I went to ask for it in the middle? If you don't ask for money for three consecutive years or can't prove that you don't ask for money every year, then the IOU will be invalid, and the court will not support it.

It depends on how much money you have, forget if you have less money, and if you have more money, you can go to 80 Happy Network.

Legal Analysis: There is a defence in the future. The death of the lender does not mean that the debt is gone, so the IOU can still continue to take effect, and the creditor has the right to take the IOU and ask the lender's relatives to repay the money.

The parties may conclude a contract in written, oral, or other forms.

Legal basis: Article 517 of the Civil Code of the People's Republic of China Where there are two or more creditors, the subject matter can be divided, and each of them enjoys the creditor's right according to the share, it is a share of the creditor's right; If there are two or more debtors, the subject matter can be divided, and each of them bears the debt according to the share, it is a share of the debt. Where it is difficult to determine the share of the creditor or the debtor by share, it shall be deemed that the share is the same.

Legal Analysis: The IOU is still valid after the borrower's death. If the borrower claims to repay the loan, he or she may sue the borrower's heirs to demand the performance of the debt and the repayment of the loan.

Although the debt owed by the borrower at the time of his death was not yet due, the debtor is dead and it is no longer possible to demand that he meet the debt.

Legal basis: Article 1161 of the Civil Code The heir shall pay off the taxes and debts of the decedent to the extent of the actual value of the inheritance obtained. 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 may not be liable for the taxes and debts that the deceased should pay in accordance with the law.

Legal analysis: If the debtor dies, the heirs of the estate shall bear the responsibility for debt repayment within the scope of the inheritance. The heir shall pay off the taxes and debts that the decedent shall pay in accordance with the law within the limit of the actual value of the estate as well as he knows.

The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

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

Article 1161:The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law with the actual value of the inheritance they have obtained. 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.

When the borrower dies, his heirs can inherit his estate and collect debts from the borrower in accordance with the law. The heir may negotiate with the borrower to determine a reasonable repayment period, or recover the debt by applying to an arbitration institution or filing a lawsuit with the people's court after the borrower has overdue.

[Legal basis].Article 1122 of the Civil Code.

An estate is a personal legal property left behind by a natural person upon his or her death.

An inheritance that cannot be inherited in accordance with the law or according to its nature shall not be disturbed by the Qing servant.

Article 1123.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 2 of the Arbitration Law of the People's Republic of China.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 64 of the Civil Procedure Law of the People's Republic of China.

The parties have the responsibility to provide evidence for their own claims.

Article 120.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Legal Analysis: Debts are paid off by property inherited by heirs. The division of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.

Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

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

Paragraph 1159 Suspect Article 1159 The division of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.

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; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

Legal Analysis: Compensation can be recovered from the spouse or family members of the deceased.

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

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 668:The loan contract shall be in the form of a written joke, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When entering into a loan contract, the borrower shall, in accordance with the requirements of the lender, provide the true information about the business activities and financial status related to the loan.