Do the children of the debtor have to pay it back when they die?

The child is not obliged to pay off the father's debts, unless the child inherits the father's estate, and at the same time inherits his debts, and is obliged to return them.

Legal basis

Article 1159 of the Civil CodeThe inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the lawThe payment of taxes and the settlement of debts are 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.

Data Extensions

The heir 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 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 an estate, you need to inherit debts, that is, if your children inherit the estate after the death of your parents, you need to repay the debts within 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. In addition, the law clearly stipulates that gambling debts are not recognized, and if only the IOU is not marked as a gambling debt, then the IOU is established if the evidence is insufficient.

If the father is alive, the children have their own property if they already have their own independent financial income. In general, the father owes a debt, and the child has no obligation to pay it. However, the child has an obligation to support his father.

The person who owes the money dies and the children do not need to pay it back. There is no such provision in Chinese law as for the repayment of debts owed by fathers and sons. That is, the child is not obliged to pay off the father's debts, unless the children inherit the father's estate, then they inherit his debts at the same time, and then they are obliged to return them.

Legal basis

According to Article 1161 of the Civil Code[Principle of 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. 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.

Article 1162[The principle that the settlement of taxes and debts of the decedent takes precedence over the execution of the bequest] 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.

Article 1163[Settlement of taxes and debts at the time of both statutory inheritance and testamentary succession and 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.

Under normal circumstances, the father's debt does not need to be repaid by the child, but if the debtor leaves an estate after death and the child inherits the inheritance, the child needs to bear the debt of his or her father or mother within the share of the inheritance, because property inheritance is a comprehensive inheritance, and the heir must not only inherit the property of the decedent, but also bear the debts left by the decedent, and be liable for the repayment of the debts left by the decedent. Unless the heirs have expressly renounced the inheritance after the inheritance has commenced.

According to the laws of our country, the taxes and debts that the decedent should pay according to law shall be paid before the division of the estate, and the heirs shall inherit the remaining inheritance.

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

Article 1163

[Settlement of taxes and debts at the time of both statutory inheritance and testamentary succession and 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.

The debtor dies and the children are not obliged to repay. If the creditor dies, if the debt is a personal debt, his spouse and children are not obliged to bear the responsibility of repayment, and if the husband and wife are aware of the same debt, the spouse bears the responsibility of continuing to repay, and the children have no obligation to repay. If the parents still have creditor's rights or property, these creditor's rights or property should be used to repay the debtor's debts first, and only after the debts are paid off can the heirs inherit the remaining estate.

If a child does not inherit the inheritance of his or her parents, he or she does not have to pay his or her parents' debts and voluntarily pays his debts.

Civil Code of the People's Republic of China

Article 174.

After the death of the person being **, in any of the following circumstances, the ** act carried out by the entrusted person is valid:

1) The person did not know and should not have known that the person was killed;

2) The heirs of the person being ** shall be recognized;

3) It is clearly stated in the authorization that the ** right shall be terminated when the ** transaction is completed;

4) It has been carried out before the death of the person being **, and continues to be carried out for the benefit of the heirs of the person being **.

Where a legal person or unincorporated organization that is the subject of ** is terminated, the provisions of the preceding paragraph are to be applied by reference. Article 570.

In any of the following circumstances, if it is difficult to perform the debt, the debtor may deposit the subject matter:

1) The creditor refuses to receive it without justifiable reasons;

2) the whereabouts of the creditor are unknown;

3) The creditor dies and the heir or estate administrator is not determined, or the guardian is not determined for the loss of civil capacity;

If the money owed is a personal debt, and the person who owes the money dies, his estate should first be used to pay off the debt, and if the inheritance has already occurred, each heir shall bear the legal debts of the deceased during his lifetime within his share of the inheritance. If the deceased is responsible for the joint debts of the husband and wife, the spouses shall be jointly and severally liable for the debts. According to Article 1159 of the Civil Code, 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 1161 stipulates that the heirs 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.

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 heirs who lack the ability to work and do not have a chaotic lifestyle. Article 1161 of the Civil Code provides that the heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law with 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.

Hello, no, unless you inherit your father's estate, the inheritance part needs to be repaid!

If you inherit the inheritance, then you have to inherit the debt, but the amount of debt repayment is limited to the value of the estate, and if the debt is too large and the value of the inheritance is over, the excess part can not be repaid, or simply give up the inheritance.