The person that owes money died, must family repay his debt?

[guide language]

Inheritance act thirtieth sets 3 times, successive bequest ought to pay off by heir lawfully ought to the imposition of pay and debt, pay imposition and pay off debt the bequest with him is actual value in the limit of. Exceed inheritance real value share, do not be restricted what heir repays of one's own accord here. Heir abandons acceding, right by heir lawfully ought to the imposition of pay and debt need not be lost repay responsibility.

Son accident dies, leave a large sum of debt to give father, must be father assumed die the son's debt? According to active law, whether does the debt of the person place bequeath that has died need family to be in charge of pay off? In the article, law kind lawyer will be everybody through a case labor, hope to be helped somewhat to you.

[brief introduction of details of a case]

Son Liu Mou died accidentally 2013, because Liu Mou has not marry, without children, without the spouse, add before he dies its mother has died, father Liu Mou became son Liu Mou's only heir at law some.

Son Liu Mou does not have the saving before one's death, without car, kept an economy only applicable room, the house still has mortgage a paragraph to do not have pay off. After the son dies, father Liu is such-and-such deal with successive notarization, acceded the economy that the son keeps is applicable room, acting son paid off all building loan, dealt with formalities of house property change the name of owner in a register.

This thinking that the day can calm the ground goes down too at this point, did not think of son Liu Mou before one's death good friend Zhang Mou, one paper indictment father Liu Mou some told a court, requirement Liu Mou of son of its pay off before one's death loan principal and interest adds up to RMB land 10 thousand yuan.

Father Liu is such-and-such feel special to subdue, it is the son has died, if the lamp destroys,the person dies, does the debt that the son owes before one's death still need him to come pay off?

2 it is oneself some house property is not successive son Liu to was not paid, oneself still are pay off of son Liu Mou economy is applicable the loan principal and interest of the room, of son Liu Mou before one's death how does good friend Zhang Mou have the right to ask the court deals this ring room?

[controversy focus]

Is father Liu such-and-such whether to need to be the debt of pay off of son Liu Mou that die? If need pay off debt, is father Liu such-and-such should be pay off of son Liu Mou again how many debt?

[law is analysed]

The son Liu Mou in this case is jural those who say for by heir, its father Liu is such-and-such jural say for heir, son Liu Mou before one's death loan is jural say for debt. Because son Liu Mou does not have spouse and children, add a mother to had died, father Liu is such-and-such the only heir at law that became him, by father some comes to Liu Mou the regulation of house property be good law of bequeath of successive Liu Mou. But basis our country " inheritance act " relevant provision, successive bequest needs pay off by heir ought to the imposition of pay and debt, the imposition of heir place pay off and debt are not without limitation, however with bequest real value in the limit of, exceed inheritance real value share, unless heir repays of one's own accord, do not have a person to be able to force heir to repay otherwise, the father debt that this and we understand normally child countervail is different.

The premise that this case adjudicates is the lawful sex that should affirm piece of some creditor's rights first, affirm son Liu Mou namely before one's death whether really to its loan, handle son Liu Mou next again before one's death the pay off problem of debt. The debt that is not bequeath of place of son Liu Mou wants entirely by father Liu Mou some is repaid, successive bequest needs to deduct father Liu the building of pay off of place of Liu Mou of such-and-such acting son borrows money, odd part just can be used at pay off debt, be not worth a part to pay off debt, father Liu is such-and-such have pay off obligation no longer.

[the lawyer hints]

Before antenatal of successive involuntary discharge of urine should make clear Hunan is given birth to by heir first, have have not the debt of pay off, if have debt and it is debt is more than the belongings that can accede, so heir can choose not successive property, nature of not successive belongings also does not need pay off debt, the imposition before the bequest after abandoning acceding will be used at pay off to be given birth to by heir directly and debt, skimpy share family also need not assume pay off obligation again, so far relationship of creditor's rights, debt is eliminated entirely. If bequest value is more than debt, so you choose successive bequest, but the tax payment that is issued by heir bequeath and debt are need pay off. Hypothesis bequest is monetary capital fund, repay with the money directly imposition, debt can, spare part accedes by heir after pay off. But if bequest is fixed assets or the calligraphy and painting, antique asset that does not show changeably, so heir is in successive belongings while, the pay off of monetary capital fund that still needs to use oneself is mixed by the imposition of heir debt. Heir needs to originate in the debt that is used at pay off when pay off debt him heir, and need withholds relevant credential, be being used at the proof is heir pay off by the debt before successive life. It is the obligation of the debt before heir fulfilled pay off to be given birth to by heir otherwise, but for lack of relevant evidence, the court also is maintained hard, sue when creditor so when, heir has the risk that lose a lawsuit.