Ostroff, Fair and Company
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Does the next of kin (son) have to pay his fathers debt?



The father left no will and was divorced and the son will get estate.

The other answerers are correct. It will be taken from the estate. If the estate is not worth the value of the debt the son would not be responsible for the remainder, unless he was in some way associated with the debt. GOOD QUESTION
Debt does not pass on to next of kin. Any debt the father had will be settled from his estate before his son gets any of it.
No, personal debt is not inheritable.

However, all the debts must be paid out of the estate, before the ESTATE is inheritable.

The executor of the estate will have to pay the debts off before the estate can be passed on.
agent, 21+ years
They're right. People do not inherit debts. However, any assets in the estate will need to be liquidated in order to pay those debts off. A good estate attorney can negotiate the balances down. But if there's real estate involved, he won't be able to negotiate a whole lot off. What happens is, the estate is given a monetary value based on the worth of the assets. An Inheritance Tax return will need to be filed stating the value of the Estate. After the taxes are paid, the rest of the debts come in line according to importance. Tops on the list are the funeral bill and the cemetery. Creditors have their hands out regardless of death. Sorry.
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