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If the borrower dies and his family does not admit it, if you have an IOU in your hand, you can go to court to file a lawsuit, and you can use the deceased's estate to pay off the debt.
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I think if he wants his sister to have a conscience, he will return the money to you. If he returns the money to you, his heart will be at peace. If he repents and doesn't pay you back, he will also be condemned in conscience, but you have no other way.
You have to think like this, you owe him back to him. After all, there is no symptom for the dead person, you can't go to the symptom, you lent him money, so if you want to open some, you think that you owe him money and pay him back in this life.
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Now that the person who owes the money is dead, you can go to the court to sue the debtor's heirs, and you can ask his heirs to repay the money, because if the debtor's property is inherited by the heir, then the colleague also inherits his debts, unless the heirs give up the inheritance, then the debtor's estate can be used to repay the debt.
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Later, I regretted it, and now many times you don't have the means to catch some evidence of the deceased. At that time, he had to leave some evidence so that he could not deny it.
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lent money to the other party, the person died, and the other party's sister promised to pay back the money, and later repented.
It depends on whether the other party's sister remembers the inheritance of his dead brother. If the older sister inherits the estate, he has the right to help the younger brother pay off the debt. My sister did not inherit the estate. It's just that morally promised you. Now that he doesn't pay it back, you can't do anything about it.
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You can collect and save ** recordings, loan IOUs and other evidence, and apply to the judge for enforcement of repayment.
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All legal heirs who sue the person are liable for repayment.
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Hello! Is there any evidence such as an IOU?
If there is evidence, then sue, and the debt should be borne by his relatives and friends.
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Legal analysis: 1. Recover from the spouse of the deceased. If you do not know that there was an agreement between the deceased and his spouse that the property during the marriage would be owned by each other, you can demand payment from the deceased's spouse.
2. In principle, the debts owed by the deceased during his lifetime shall 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, you can also ask the deceased's heirs and family members to settle the deceased's debts within the scope of the inherited property. 3. Others are willing to repay.
Legal basis: Article 1159 of the Civil Code divides the estate, and 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.
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If the borrower dies, the money can be returned if the borrower has an inheritance. The lender may require the borrower's heirs to pay off the debts that the decedent should repay in accordance with the law to the extent of the actual value of the inheritance. However, the part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.
[Legal basis].
Article 18 of the Civil Code.
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.
An estate is a personal legal property left behind by a natural person upon his or her death.
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 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 1161.
The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law within 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.
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If the debtor dies, the debt shall be repaid by the heirs within the scope of the inheritance, but the oak is a debt beyond the scope of the estate, and the heirs do not need to repay, and if the heirs give up the inheritance, they do not need to bear the responsibility of repaying the debts of the decedent.
According to Article 1161 of the Civil Code, the heir shall pay off the taxes and debts that the decedent shall pay according to 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.
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Summary. Hello dear, glad to answer for you. The answer is as follows: the person who owes money needs to pay back the money after death, and the heirs generally repay it, and the heirs pay off the taxes and debts that the decedent should pay according to law to the extent of the actual value of the inheritance.
The person who lent me the money died, do I have to pay it back.
Hello dear, glad to answer for you. The answer is as follows: the person who owes money needs to pay back the money after death, and the heirs generally repay it, and the heirs pay off the taxes and debts that the decedent should pay according to law to the extent of the actual value of the inheritance.
Kiss. I hope you will find the following related extensions: 1. The creditor's debt is not extinguished by the death of one party In real life, it is common for one party to lend money to the other party for various reasons, and the two parties have formed a creditor-debtor relationship, which will not be extinguished by the death of the borrowing party.
According to the provisions of the Inheritance Law and relevant judicial interpretations, inheritance is the personal legal property left by a citizen when he or she dies, including: (1) the citizen's income; (2) Citizens' houses, savings and daily necessities; (3) citizens' forests, livestock, and poultry; (4) Citizens' cultural relics and library materials; (5) the means of production that are permitted by law to be owned by citizens; (6) Property rights in citizens' copyrights and patent rights; (7) Other lawful property of citizens. These include valuable** and claims whose subject matter is property.
It can be seen that the creditor's right formed by lending money to the debtor is a kind of inheritance and can be inherited by its heirs. In other words, the creditor dies, the debt still exists, and the debtor still needs to pay off the debt, but the object of repayment becomes the creditor's heirs. Do debts still have to be repaid after the death of creditors 2. Creditor's heirs According to the provisions of the Inheritance Law, the right of inheritance is equal between men and women, and the inheritance is inherited in the following order:
First order: spouse, children, parents. Second order:
Siblings, grandparents, maternal grandparents. "Children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren. "Parents" include biological parents, adoptive parents, and dependent stepparents.
"Siblings" includes siblings of the same parents, half-siblings, adoptive siblings, and step-siblings in a dependent relationship.
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Summary. Legal Analysis: When the borrower dies, the borrowed money still needs to be repaid, which can be repaid by the borrower's spouse or heirs.
Legal basis: Article 1163 of the Civil Code of the People's Republic of China Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall pay off the taxes that the decedent shall pay in accordance with law.
Legal Analysis: If the borrower dies, the borrowed money still needs to be repaid, and it can be repaid by the borrower's spouse or heirs. [Legal basis].
Civil Code of the People's Republic of China Article 1163 Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall pay off the taxes that shall be paid by the heirs who have been destroyed by Nashan in accordance with law.
Can you add, I don't quite understand it.
Answer: Legal analysis: If necessary, the property retained by it can be repaid, and it can be applied to the court for enforcement.
In the event of the death of the debtor, the debtor shall repay the debts incurred during his lifetime with the actual value of the estate. The inheritance of the deceased shall first pay off the taxes and debts that should be paid by the deceased during his lifetime, and pay the taxes and debts.
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It is possible, however, it depends on the essence of a person, the so-called long-term love, that is, two people have been together for a long time, through mutual understanding, mutual care in work and life, can change one party's view of the other, will have feelings. If one party only measures everything by the value of money, thinks that money can pass everything, and forgets that talent is the foundation of all things, it is difficult to link it with feelings.
The deposit is clearly stipulated in the Security Law, and the parties may agree that one party shall pay the other party a deposit as security for the creditor's rights, and after the creditor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit, and if the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double. In general, the deposit is regarded as an advance payment, and if the recipient of the deposit defaults, only the amount received will be refunded, and no double refund will be required.
My wife quarreled with someone, and the other party should be responsible for the sudden headache.