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Thegonnec, Judge
Category: European Law
Satisfied Customers: 1412
Experience:  Judge with Paris Industrial Tribunal (Conseil de Prud'hommes de Paris)
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are surviving brothers responsible for debts of a deceased

Customer Question

are surviving brothers responsible for debts of a deceased brother - my deceased brother owed $5,000 of debt in a Belgium apartment - my deceased brother also has a predceased spouse - no children - my brother passed in San Francisco but had property now turned over to his pre-deceased wife's family - the family is claiming we owe debt incurred prior to this death. ALso can you refer me to an attorney in SF Bay area that might help. Thank you so much
Submitted: 4 years ago.
Category: European Law
Expert:  davidhken replied 4 years ago.
-Could you explain your situation a little more?
Are you asking about Belgium law or US law?
Are you in the US?
Was an estate opened for your brother in CA?
Customer: replied 4 years ago.

1. I'm asking about Belgium law

2. I'm in San Francisco


3. The estate is now taken by the pre-deceased's wife's family - they are claiming as surviving brothers we owe money on the apartment - based on succession laws in Belgium - because there are no surviving children - as surviving brothers we owe whatever debt is owed. No an estate was not open for my brother in CA

Expert:  davidhken replied 4 years ago.
I will have to opt out of your question and transfer this to the European law section of Just Answer. I can tell you that Belgium would have no jurisdiction over you or your siblings and whatever the law is in Belgium it certainly isn't the same here. Your brother's estate would owe his debts but not his relatives and you would have no personal liability for anything under CA law. So they can claim you owe the money but unless you go to Belgium they have no jurisdiction over you. As I said, I don't know Belgium law so I cannot tell you what the law would be as to relatives owing the debts of the deceased.
Customer: replied 4 years ago.

Can you connect me with the European law section of just answer?

Expert:  davidhken replied 4 years ago.
I referred the question but with the time difference it is 1:30 AM in Europe so I can't guarantee anyone is available at this time. The question will be open for the first available expert.
Customer: replied 4 years ago.

thank you there are two surviving brothers myself in san francisco and the other resides in Jerusalem


Expert:  Thegonnec replied 4 years ago.
Those responsible for the debts of a deceased person are those who inherit from this person... The heirs inherit assets as well as outstanding debts. If there are several heirs, they share responsibility for all debts. Creditors can turn against all or any of heirs, depending on their solvency.
Customer: replied 4 years ago.

does this apply to belgum law? thank you have one more question

Expert:  Thegonnec replied 4 years ago.
Yes it does. But the deceased could have chosen that the law of another country apply to his estate.

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