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A sues B, wins a judgment, and can't collect because B has no money. A dies. Is B off the hook?

B dies first. Does A have a claim against B's estate?

  • You may see rule 25 of the Federal Rules of Civil Procedure regarding the second question you raised. – Thomas Hung May 6 '17 at 12:52
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In both cases, the estate takes over. If A dies, then B owes the money to A's estate. If B dies, then B's estate owes the money to A.

If B's estate is empty, then the debt is retired, because a debt cannot be inherited.

  • More precisely, A becomes an unsecured creditor of B's estate and receives whatever dividend is paid by the estate in bankruptcy. – Dale M May 7 '17 at 6:38

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