1

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?

1
  • You may see rule 25 of the Federal Rules of Civil Procedure regarding the second question you raised. May 6, 2017 at 12:52

1 Answer 1

1

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.

1
  • 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, 2017 at 6:38

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .