My father died, and I owed 200,000 debts, who would pay them

Updated on society 2024-08-13
5 answers
  1. Anonymous users2024-02-16

    If the father owes 200,000 yuan before his death, he should repay the debt with the father's estate.

    If the deceased parents have joint debts, if one of them dies, the other parent shall be liable for repayment; If both parents have passed away, the heirs will be liable for the repayment of debts if they inherit the estate. If the heir renounces the inheritance, the decedent may not be liable for the taxes and debts that should be paid in accordance with the law.

    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.

    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 1124 of the Civil Code of the People's Republic of China: Where the heir renounces the inheritance after the inheritance has commenced, he or she shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

    The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

    Article 1125:Where an heir commits any of the following acts, he or she shall lose the right of inheritance:

    1) Intentionally killing the decedent;

    2) killing other heirs for the purpose of competing for an inheritance;

    3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

    4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

    5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.

    Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

    Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

    Article 1147:The estate administrator shall perform the following duties:

    a) Clean-up of the heritage and preparation of an inventory of the heritage;

    2) Report the estate to the heirs;

    3) To take necessary measures to prevent the damage or loss of the heritage;

    4) Dealing with the claims and debts of the decedent;

    5) Divide the estate in accordance with the will or in accordance with the provisions of law;

    6) Carry out other necessary acts related to the administration of the estate.

  2. Anonymous users2024-02-15

    The father died and owed a debt of 200,000 yuan, because of the existence of a husband and wife relationship, therefore, if the debt owed is a joint debt of the husband and wife, it will be repaid by the wife, if it is not a joint debt of the husband and wife, if the deceased has an inheritance, his heir chooses to inherit the estate, and the debt is paid off within the scope of the inheritance, if the heir voluntarily repays it in full, it is also possible, and if the heir gives up the inheritance, he will not be liable for repayment.

    Article 18 of the Civil Code of the People's Republic of China: 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 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.

  3. Anonymous users2024-02-14

    1. Who will pay the debt of 200,000 yuan after the death of his father?

    1. My father died and owed a debt of 200,000 depending on the situation

    1) If the father dies as a debtor and the heir of the estate does not give up the inheritance, the people's court may rule to change the person subject to enforcement, and the heir shall repay the debt within the scope of the estate.

    2) If the heir renounces the inheritance, the people's court may directly enforce the father's estate.

    2. Legal basis: Article 1147 of the Civil Code of the People's Republic of China The estate administrator shall perform the following duties:

    a) Clean-up of the heritage and preparation of an inventory of the heritage;

    2) Report the estate to the heirs;

    3) To take necessary measures to prevent the damage or loss of the heritage;

    4) Dealing with the claims and debts of the decedent;

    5) Divide the estate in accordance with the will or in accordance with the provisions of law;

    6) Carry out other necessary acts related to the administration of the estate.

    2. How to divide the debts of the family if the father dies and the grandmother wants to inherit the family?

    1. Settle reasonable funeral expenses, estate management expenses, and will execution expenses;

    2. Reserve the necessary share for the heirs who lack the ability to work and have no livelihood;

    3. Pay the tax owed by the deceased during his lifetime;

    4. Pay off the debts incurred by the deceased during his lifetime.

  4. Anonymous users2024-02-13

    Whoever inherits your father's estate will pay his debts, only within the scope of the inheritance. For example, if your father leaves an inheritance worth 100,000 yuan, the heir only needs to bear the debt of 100,000 yuan.

    It is not necessary to pay off the debts before inheriting the inheritance. Debts can be paid off up to the value of the estate after the heirs inherit the will.

    Article 1161 of the Civil Code [Principles for Repayment of Taxes and Debts of the Decedent] 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 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, the decedent may not be liable for the taxes and debts that should be paid in accordance with the law.

    Article 1163: [Settlement of Taxes and Debts at the Time of Statutory Succession and Testamentary Succession and Bequest] Where there is both statutory inheritance and testamentary succession or bequest, the legally-designated 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.

    How to determine the amount of the estate.

    Regarding the amount of inheritance, it is actually the share of inheritance, which refers to how much inheritance each heir can actually share. First of all, it depends on whether there is a will, bequest and maintenance agreement, and if so, it should be distributed according to the content of the will or bequest and maintenance agreement; If there is no will or bequest maintenance agreement, the lead family inherits the estate according to the statutory inheritance rules.

    1. The share of inheritance inherited by the same heir shall generally be equal.

    2. Heirs who lack the ability to work who have special difficulties in life should be taken care of when distributing the inheritance.

    3. Heirs who have fulfilled their main obligation to support the decedent or who live with the decedent may appropriately divide the inheritance when distributing the inheritance.

    4. For the heirs who have the ability and conditions to support them, if they do not fulfill their maintenance obligations, they shall not share or divide less when distributing the inheritance. Where the heirs agree through consultation, they may also be divided.

    5. For those other than the heirs who lack the ability to work and have no livelihood who rely on the decedent's support, or those who raise the decedent more than the heirs, they can be given an appropriate inheritance. It is not included in the order of succession.

    To sum up, after the death of the parties, if the heir of the Huailun Fraud estate does not give up the inheritance, then when he inherits the estate, he needs to repay the debts that the deceased needs to repay during his lifetime. If the heir does not want to repay the debt, he can only give up the inheritance.

  5. Anonymous users2024-02-12

    The heirs who inherit the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law. The payment of taxes and the settlement of debts are limited to the actual value of the 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. To inherit the estate, you must inherit the debt, that is, if the child inherits the estate after the death of the parents, the debt needs to be repaid within the range of the value of the estate. The child's personal property is not used to pay debts, or if he has received a gift from his father so that the father is unable to pay the debt, he must also pay the debt on behalf of the father.

    Civil Code of the People's Republic of China

    Article 1147.

    The estate administrator shall perform the following duties:

    a) Clean-up of the heritage and preparation of an inventory of the heritage;

    2) Report the estate to the heirs;

    3) Adopt necessary measures to prevent damage or loss of heritage;

    4) Dealing with the claims and debts of the decedent;

    5) Divide the estate in accordance with the will or in accordance with the provisions of law;

    6) Carry out other necessary acts related to the administration of the estate.

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