What is wrong with the deceased owing debts to future generations and creditors?

Hello, if the deceased generally owes debts, the deceased himself bears the debt, if it is a joint debt owed by the husband and wife, that is, it is repaid by the other half, and it has nothing to do with the children, and the children do not need to repay!

So it usually has no impact on future generations, specifically like this, I hope it can help you!

If the deceased owes a debt, if the deceased has property in his name, he must return the money to the creditor, and if he has no property in his name, the money owed is for family life, and the descendants have the responsibility to repay the money, and if it is not for the family, the descendants can refuse to repay the money. This is such an impact.

If the deceased has not told the descendants that he owes money to others, then the descendants may not know about the debt, but the creditor knows about it, so he may go to the descendants to ask for the money, but the descendants do not know about it, so it is easy to quarrel.

For creditors, he may not be able to recover his money, and for posterity, he can use the estate of the deceased to taste the debt.

It increases the financial burden of future generations and increases the risk of creditors.

Regarding this issue, it is to test whether you have read the Civil Code that will come into effect on January 1, 2021, which is very clear, the inheritance debt and inheritance of creditor's rights and debts. Since you have inherited the estate of the deceased, then sorry you have to bear all the debts of the deceased. If there is no one to inherit the deceased's estate, or if there is nothing left, then his debts and debts will be repaid with his inheritance, and the insufficient part will be repaid, then there is no way.

The Civil Code says it clearly.

It's okay if the bad person is gone, and the debt has nothing to do with you living, just don't recognize the debt, and besides, it's not your debt.

The debts owed by the deceased should be paid by the heirs, and there is nothing wrong with the creditors.

In fact, there is nothing bad about it, as long as the money is returned to the other party, there is nothing left.

The Civil Code, which has just been implemented this year, stipulates that the father's debts can not be repaid, so the descendants have no right to pursue the creditor only if they do not want to repay the debt.

There's nothing wrong with it, it's just that the books are hard to figure out, and I'm really helping you look forward to it

How to look at this problem, of course, there is no problem for descendants with good character, if the character is bad, it will definitely not be good, and only through legal procedures can it be solved.

There are 2 types of debt, personal debt and public debt. The court will make a judgment based on the evidence you provide (including the comparison of your family's income and savings, bank statements, etc.), and if the debtor gets the money for personal use, and the family has no interest, then you will not be liable for the arrears.

After the death of the debtor, do the children need to repay the debts owed during their lifetime?

If there is no inheritance, the family is not obligated to pay the debts they owe.

Zongheng Legal Network-Henan Yinglun Law Firm-Zhang Weimin.

If the debtor does not have an estate, the family does not need to pay compensation.

Zongheng Legal Network-Henan Nanjing Port Law Firm-Li Debin lawyer.

If the debt is owed during the marriage, the wife is required to pay it. At the same time, all heirs of the estate shall repay within the scope of the inheritance.

For example, if the husband earns 5 million without the family's knowledge, will the family not be able to use it? Theoretically, the use of property during the relationship should be jointly handled by the husband and wife, and others have reason to believe this. Therefore, debts incurred during the conjugal relationship are joint debts.

As for the repayment scope of other inheritances, the scope of repayment is only within the scope of the inherited property, and will not exceed the amount of inheritance, and if there is no inheritance, this is negligible.

The heirs of the estate should help the debtor pay it back!

An elder brother bought a motorcycle before his death, paid in installments, and his family didn't know that he had been born for more than a year Someone called ** to ask for an account and filed a lawsuit.

The heirs of the death debt cultivator bear the debt only to the extent of the inheritance. In the case of the death of one of the spouses and the death of one of the husband or wife, the surviving party shall be jointly and severally liable for the joint debts incurred during the marriage.

Legal basis] Article 1161 of the Civil Code provides that the heirs shall pay off the taxes and debts that the heirs of the Yunming shall pay 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 accuser renounces the inheritance, he may not be liable for the taxes and debts that the decedent should pay in accordance with the law.

Legal Analysis: Not required, except for spouses. The creditor can demand that the borrower's estate be used to pay the debt.

The inheritance of the estate shall be based on the settlement of the taxes and debts payable by the decedent in accordance with the 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.

Legal basis: Article 1159 of the Civil Code of the People's Republic of China 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.

Legal analysis: If the debt is not a joint debt of the husband and wife, and the debtor's parents and family members have not inherited the debtor's estate, the parents and family will not be held accountable. If it is a joint debt, the spouse is responsible for the repayment of the debtor's death, and if the debtor's heirs inherit the estate, the heirs are liable for the debt only to the extent of the inheritance.

Legal basis: Article 1161 of the Civil Code of the People's Republic of China The heirs shall pay off the taxes and debts that the decedent shall pay 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.