I got to thinking about this after seeing one of those life insurance commercials “To pay all the bills we leave behind.” My question: Who is responsible for the bills I run up? If I croaked now (BLARGH! Splat!), can anyone really be held responsible for, say, my unpaid credit card balance?
Yes. Your legal heirs (whether assigned by you or assigned by default) are responsible for your debts.
IANAL
The answer may or may not, as with most legal questions, vary by jurisdiction. In general, however, heirs are not responsible for the debts of the deceased. The estate of the deceased is. Creditors make claims against the estate, not against the survivors. The executor of the estate is responsible for paying the debts out of the assets of the estate. If the estate runs out of assets and there are unpaid debts, the creditor is SOL.
Exceptions to this would be in states with community/marital property laws, in which the assets of the surviving spouse are available to the creditor.
IANAL etc.
Where on Earth did you get that information? I’d like to see some support for that.
In general terms and limited to common law countries, debts are paid by the estate. Once the estate is gone the creditors are out of luck. In civil code countries the process is slightly different but I think it is safe to say that nowhere can a person be assigned a debt of a dead person whithout his consent.
The rule in General Questions is that if you post incorrect information, you lose a finger.
OK, it’s not. But it should be.
As the posts above accurately note, the estate is liable for the debt of the decedent, not the heirs. Now, to the extent that the heirs were planning on inheriting the assets of the estate, their inheritance will be reduced or eliminated by the estate’s debts. But if the debts are greater than the value of the estate, the heirs are not on the hook to pay anything out of pocket.
Muttrox, either check your information before posting, or buy yourself a good, heavy cigar-cutter.
- Rick
What are you talking about, sailor? You never heard of debtor’s prison either?
Uh - IAAL, tho not expert on stiffs and gifts. BIMO&E muttrox is incorrect with respect to the US or any other present-day gov’t/legal system I am aware of, and Otto is about as close as need be absent more specifics.
OK, OK, sheesh, I said IANAL.
Obviously, IAAI (I am an idiot.)