Monday, 3 November 2014

Can you die and not have to pay your creditors ? So that the debt dies with you.

Question

Can you die and not have to pay your creditors ? So that the debt dies with you.



Answer

If you have no assets and the creditors are not ones which can make claims against your spouse. However, you cannot make gifts just before you die such that you have no assets, the creditors will be able to go after those assets.



Answer

Upon your death, your estate must pay all valid debts. It is not that you must pay the debts, or your heirs must pay the debts, but that the estate must pay debts prior to distribution of your estate to heirs.



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