Can the debtor still claim the money owed after death?

First of all, according to Article 33 of the Inheritance Law of the People's Republic of China, the inheritance shall pay off the taxes and debts that the decedent shall pay according to law, and the payment of taxes and debts shall be limited to the actual value of his estate. 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 may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law. In other words, the heirs who inherit the property have the obligation to repay the debtor's debts, so the creditor can recover the loan from the heirs.

Secondly, according to Article 26 of the Interpretation (2) of the Marriage Law of the People's Republic of China, if one of the husband or wife dies, the surviving party shall be jointly and severally liable for the joint debts during the existence of the marital relationship. Altogether, you can also recover the debt from the spouse of the deceased.

In addition, Article 6 of the Guarantee Law stipulates that: "The term "guarantee" as used in this Law refers to the agreement between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor shall perform the debt or assume responsibility in accordance with the agreement. In other words, the debtor can also require the guarantor to repay the debt within the scope of the law.

Finally, Inugami Search.com tells everyone that if someone is willing to take on the debtor's debt, it is also possible for you to recover the debt.

In the event of the death of the debtor, it is possible to claim the amount owed. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) Article 26: If one of the husband or wife dies, the surviving party shall be jointly and severally liable for the joint debts incurred during the existence of the marital relationship.

According to the provisions of the Inheritance Law and related laws, the debts of the deceased are repaid by his estate. After the repayment, there is still an inheritance, and the rest is inherited by the heirs. If the entire estate is insufficient to pay off the debts, the heirs have no obligation to repay the remaining debts after the debts have been repaid with the estate.

Of course, the law also allows the heirs to voluntarily repay the part of the debt for the deceased that exceeds the actual value of the estate. However, a distinction should be made between the personal debts of the deceased and the debts of the family. If a debt is borrowed in the name of a member of the family and then used for family life, the debt should not be attributed to him personally after the death of the family member, but should be jointly borne by all family members.

Legal Analysis: It is possible to claim the amount owed. The debtor's spouse shall repay the joint debts of the husband and wife.

Debts incurred by both husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Legal basis: Article 106 of the Civil Code of the People's Republic of China Article 14 Debts borne by the husband and wife jointly signed or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the duration of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

In the event of the death of the debtor, the debtor can also claim the amount owed. Take the ruler to crack.

In private lending, if the borrower dies, the lender can claim repayment from the borrower's heirs, but the following issues need to be noted: the death of the borrower will not lead to the extinction of the creditor-debtor relationship, and after the death of the borrower, the joint property of the husband and wife must be divided first when dividing the estate.

The relevant content of the Civil Code stipulates that [the principle of repayment of taxes and debts of the decedent] The heir shall pay off the taxes and debts payable by the decedent in accordance with the 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.

In accordance with the relevant provisions of the Civil Code, the "Principle of Priority in Paying Off the Taxes and Debts of the Deceased Takes Precedence over the Execution of the Legacy"] The execution of the bequest shall not hinder the repayment of the taxes and debts that the legatee shall pay in accordance with the law.

According to the relevant provisions of the Civil Code [there is both statutory inheritance and testamentary succession, and the settlement of taxes and debts in the event of bequest] If there is both statutory inheritance and testamentary succession or bequest, the legal heir shall pay off the taxes and debts that the decedent shall pay in accordance with the 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.

1. How to recover the arrears after the debtor's death.

Recovery from the spouse of the deceased.

In principle, the debts owed by the deceased during his lifetime should be repaid from the estate of the deceased. The heirs are also obligated to pay off the debts while inheriting the estate of the deceased. Unless the heirs renounce the right of inheritance, the debts of the deceased during his lifetime shall be repaid by the other heirs.

Therefore, the creditor can require the heirs and family members of the deceased to pay off the debts of the deceased within the scope of the inherited property.

If the amount is large, then the lawsuit should be filed to recover the arrears, if the arrears themselves are small, it is better for the parties to negotiate, of course, this needs to be decided by the borrower himself.

2. How to deal with the debts of the debtor after the death of the debtor.

The debts of the debtor are treated in the following ways:

1) It shall be handled by the estate administrator;

2) Where it is a joint debt of the husband and wife, the surviving party shall bear the responsibility for paying off the joint debts of the husband and wife during the existence of the marital relationship;

3) The heir shall pay off the debts of the deceased within the limit of the actual value of the estate obtained from the extinction.

Legal Analysis: The debtor dies and can claim the arrears.

Legal basis: Article 1159 of the Civil Code of the People's Republic of China The inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The portion exceeding the actual value of the estate shall not be subject to this limitation if the heirs voluntarily repay it.

If the heir renounces the inheritance, he may not be liable to repay the taxes and debts that the decedent should pay in accordance with the law.

Legal Analysis: If the debtor dies, if the debtor has an estate and heirs, the creditor can also claim the arrears. The creditor may request the heir to pay off the debts of the decedent in accordance with the law to the extent of the actual value of the inheritance.

However, for the part that exceeds the actual value of the estate, the heirs may or may not pay it back to the state. Duan Hao.

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

Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.

Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; 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.