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Question

For CALawyer - I owe a debt due to personal injury judgment that I will not be able to pay off in my lifetime. Once i die, do my children inherit my responsibility of debt? How about when the payee dies, does their spouse or children inherit the right of collection on this debt?

Submitted: 257 days and 20 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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irvine, California

Accepted Answer

When the debtor dies, the debtor's estate is responsible for the debt (so long as a timely claim is filed with the estate). However, if the estate isn't large enough to pay it off, then the debt would not be transferred to the heirs. The judgment creditor could only go after the estate.

As far as the payee dying, the judgment would be part of their estate. That would mean the executor would have to pursue it and could pass the right to collect on to their heirs. Or, they could sell it or assign it to someone during their lifetime if they wanted.

The judgment expires 10 years after it is entered, although it can be renewed (as many times as they want) so long as they do it within the 10 year period.



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Expert: CALawyer
Pos. Feedback: 100.0 %
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Answered: 3/11/2009

Lawyer (JD)

Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.

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