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Am I legally bound to pay off my father's debts after his death?
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Am I legally bound to pay off my father's debts after his death?


Additional Details
I'm talking mainly about bank loans and credit card bills.


    




Andy
In a common-law jurisdiction like the USA or England, only to the extent that you inherit from his estate or -- in some cases -- received gifts from him while insolvent or in anticipation of possibly becoming so within the time period fixed in your jurisdiction (commonly 4 years in the USA under the Uniform Fraudulent Transfer Act).

Tax debts have a slightly different rule. Also you would be liable for debts you personally guaranteed.


michrb52
no you are NOT responsible for debts incurred by your father UNLESS you were a cosigner even if you have a credit card he gave you on HIS account you are NOT the primary and do NOT have to pay. if there is an estate the debtors will have to go after that NOT you


Blue Steel & Lace
Rating
No, not you personally.
If he had a will and you opened up an estate for probate - the executor has to pay all debts before the rest of the estate can be administered.
If he died without a will and there are properties or holdings, you are the sole heir, and the creditors can prove that you father left money in the estate or property which can be sold to satisfy the debt, then you may have to pay the debt.


maggiepirsq
Rating
If your father died with debts and assets, the answer is that his debts must be paid out of his estate or assets. Just because someone dies, their debt do not disappear.


fr_chuck
No, the debts are paid as possible though the probate.
If he owns property the property would have to be sold, if there are money in the bank it will have to go to pay the bills.

But after all of the money and property are gone from the estate, you merely notify them that he has passed away, send a copy of death certificate, and there is no money in the estate to pay any bills.

If there is a house and you want to keep it, you would have to actually pay its value into the estate if there are bills for that much, since the value of the home has to be applied to the bills.


BrendaWise
Rating
If he left money or property, I would think so. If he was penniless, probably not.


Raghu R
Yes, when enjoy your father's property automatically you are bound to pay his debts also but, it will be decided when you are in joint family or partitioned.


lordkelvin
NO


roady42
Rating
Some yes, some maybe not.

Unsecured debt, such as credit cards, can sometimes be written off.

You are more likely to have to pay for cars, house, etc.


Bijai K
Rating
yes


Jena Isle
Rating
if you were a co maker and you had inheritance from him.


vmk_1881
as per Indians act., u r not liable to pay any debts of u r father after his death. But this is depend on u r personal interest
and u r goodwill of name of family. maximum u r try to pay debts. Because based on the common principle of following
"how much value of u r money is same value of others money"
thanking you.


Infinity
No. Legally you are not bound to pay off the debts of your father unless you inherit any of his property. His properties musgo towards the loquidation of his debts and only th epart remaining in excess of he febt would go to you as inheritance .But certain people would feel hat i is heoir moral responsibiliy to pay of he debts of thier parents , for the reason tha the perents in most cases incur debots to mainain their families and provide for their children. but he children should hae enough to liquidae the debts .


Philip L
If you are referring to your father's estate then yes especially if he owes taxes. The government always gets it's money.


Old Guy
Not unless you was involved in a business partnership, and your name was on the bill as a business!


beez
Only if you are in the U.S. and executor of his estate.


lady01love
Rating
Technically you are not responsible for his bills unless you name was on them as a joint or co-signer. You should pay for debt he had if he left assets for you to do so. If he did not leave any money then you don't owe anything regardless of if the credits try to make you pay.


traveller
only if he had assets


Panacea
Rating
No. But his estate is. Anything you inherit from him will be tapped to pay those debts in probate before you see a dime. Unless, of course, you had a living trust or some other asset protection vehicle.


The Bricklayer
Rating
Only if he left enough money to pay them.

You cannot inherit a debt


minootoo
Rating
See a lawyer you may or may not be, Legally. Look at the paper work left by him.

Morally if it was for you, education,..........


Pearl
If you are the executor of his estate and you are also a beneficiary than yes. The executor is required to ensure that all debts are paid (excludes those debts which had life insurance though). If you don't and the beneficiaries are paid any benefits from his estate, then the creditor or financial institution can then sue or collect from the beneficiaries. I work in a law firm and see it all the time. We will register writs against land that was in the name of the deceased or transferred to the beneficiaries and there is no way to remove the writ from the title to the property unless you pay off the debt of the deceased.


kissmybum
yes, the will take the money from his estate.


connie_mspt
Rating
I'm no expert but I would think you are only obligated if you receive some sort of inheritance--insurance, property, etc.


rud_raks
Rating
if u r a partner with ur father in the loan, u r legally responsible, otherwise not. however, if u r trying to succeed his accounts after his death, bank may deduct the loan from the account and only balance may be transferred to u. this is my opinion on common sense basis; but do get a qualified legal advise.


betty boop
My cousin just died a few months ago and he had nothing. Our lawyer told us since he had nothing his debt died with him. Now if he left behind a home or some kind of assets then we would have to put that all in probate and his debts would be paid then we would get the rest. Sorry about your loss.


Manish B
Rating
Yes morally ,ethically and also by law. Provided you should be obedient ,accepting social ethics and be not bankrupt


tenderboy
Rating
Only to the extent you inherit his property/assets.


Emily~Chick
Rating
i'm so soory that your dad died. As far as the question i have no clue.


Jimmy
yes


jeremy
my father said many times when i die the house is payed off.... he owed money on it but had a quitclaim deed/quickclaim deed (not sure exactly what he said.) things happened unexpectedly in a way. He was so adamant when talking about it i am sure what he said was true....... the bank says different. need some advice. could what he said in any way be possible?





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