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

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.

| improve this answer | |
  • 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

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.