That’s literally what I just said. Debts are paid out of the estate. The estate assets will always be used to pay off remaining debts before the inheritors get anything.
I’m not sure the whole “debts aren’t inherited” part applies everywhere.
Certainly does in my country. Although like in the rare instance there was something you absolutely wanted to inherit, but there was also a mountain of debt, you couldn’t decide to inherit without also taking on the debt. Even if that inherited thing was literally worthless and would not yield anything when sold.
Although such an object would probably be able to gifted, but like technically, that’s how it’d go.
But here’s the bit that actually made me write my comment:
Idk how it works where that guy lives, but it’s clip from an American standup, talking about inherited debt. Might just be made up, obviously, but according to this article more than half the states still have “filial responsibility” laws.
These laws are holdovers from a time when debtors prisons existed, says McDowell, and are rarely enforced. Their use has faded since the 1965 creation of Medicare — the health coverage program for people 65 and over — and Medicaid, the health coverage program for the poor.
I don’t see how that explains the story in the clip?
I don’t think the article covers all the state-level filial responsibility laws. There’s a ton of state level legislation after all.
Or it might be that the debt the guy is talking about in the clip isn’t legally enforceable, but it sounds like debt to the state, which is why he seemed to inherit it in the first place, it wasn’t just like a regular credit line.
Yeah, no that whole clip is just a joke. That’s not at all how it works. You don’t inherit debt unless you cosigned a loan or it’s spousal debt in one of those common property states.
When someone dies, you tally it all up, debtors get paid out of the estate in a certain order of precedence, if the money runs out, the money runs out. If there’s money over, it gets divvied up according to inheritance laws of that state.
Also, importantly, debtors cannot touch things like life insurance payouts or retirement accounts that have beneficiaries named. Those are not part of the estate and they can’t touch them.
Forgive me for not taking the word of a random Lemming.
When someone dies, you tally it all up, people get paid out of the estate in a certain order of precedence, if the money runs out, the money runs out. If there’s money over, it gets divvied up according to inheritance laws of that state.
Yes, that’s basically how the process works. I’ve read inheritance law. (As in actually an official, graded course, albeit I’m no lawyer obviously. Just elective.) I’ve just not read ALL the inheritance law, EVERYWHERE. Have you?
#Filial responsibility laws (filial support laws, filial piety laws) are laws in the United States that impose a duty, usually upon adult children, for the support of their impoverished parents or other relatives.
Alright man, all I can say is you can talk to a lawyer when the time comes.
The Wikipedia article you just linked has nothing to do with debt in general. The debt referred to in that article refers specifically to caring for your parents, not assuming their debt for other things (medical bills for previous procedures, credit cards, loans, etc.)
What it’s saying is that you can’t put them in a nursing home, rack up a bunch of debt in their name specifically related to their care, and then not pay it when they die.
Literally just buried my grandma this year and dad a few years ago.
Here… In FINLAND. Where the laws of the United States of America do NOT apply.
Yes, it refers to taking care of your parents. Ie for instance being responsible for them, fiscally. For instance, having responsibility over the debt they’ve accumulated to the state.
When someone dies they and theyre declares insolvent, you imagine it just applies to all fiscal responsibility of that person.
It doesn’t. The filial responsibility laws exempt that debt to the state from being able to be dissolved through insolvency.
And tbh, that guy with his own face and own name, despite being it being a bit from standup, is more credible than you are.
But despite that being generally the case, because the standup brought up the absurdity of the scenario, it wasn’t enforced and the debt was dissolved.
My point was that if you have too much debt your inheritors aren’t going to get anything when you die so just saying that debt doesn’t get passed on like it’s nothing is kind of disingenuous. I guess if you don’t care about leaving anything to your family you don’t need to worry about it but personally I want mine to get as much as possible.
I don’t disagree. Do people not realize that you can’t inherit the assets of someone who has a negative net worth? That seems pretty common sense to me, and I knew that before I ever dealt with an estate.
You still gotta pay your bills even if you’re dead, or rather the executor has to pay your bills for you.
I think a lot of people don’t really think about it. A lot of the people I know are really bad with money and make a lot of short sighted financial decisions
but if theres enough debt the other assets go towards that rather than the inheritors.
That’s literally what I just said. Debts are paid out of the estate. The estate assets will always be used to pay off remaining debts before the inheritors get anything.
I’m not sure the whole “debts aren’t inherited” part applies everywhere.
Certainly does in my country. Although like in the rare instance there was something you absolutely wanted to inherit, but there was also a mountain of debt, you couldn’t decide to inherit without also taking on the debt. Even if that inherited thing was literally worthless and would not yield anything when sold.
Although such an object would probably be able to gifted, but like technically, that’s how it’d go.
But here’s the bit that actually made me write my comment:
https://youtube.com/shorts/_pkNndF6O_M
Idk how it works where that guy lives, but it’s clip from an American standup, talking about inherited debt. Might just be made up, obviously, but according to this article more than half the states still have “filial responsibility” laws.
I suppose it’s possible but like the article says it’s not enforced.
Edit: I watched the clip: it’s a funny joke, but that’s it. Lots of implausible scenarios in there.
I don’t see how that explains the story in the clip?
I don’t think the article covers all the state-level filial responsibility laws. There’s a ton of state level legislation after all.
Or it might be that the debt the guy is talking about in the clip isn’t legally enforceable, but it sounds like debt to the state, which is why he seemed to inherit it in the first place, it wasn’t just like a regular credit line.
Yeah, no that whole clip is just a joke. That’s not at all how it works. You don’t inherit debt unless you cosigned a loan or it’s spousal debt in one of those common property states.
When someone dies, you tally it all up, debtors get paid out of the estate in a certain order of precedence, if the money runs out, the money runs out. If there’s money over, it gets divvied up according to inheritance laws of that state.
Also, importantly, debtors cannot touch things like life insurance payouts or retirement accounts that have beneficiaries named. Those are not part of the estate and they can’t touch them.
Forgive me for not taking the word of a random Lemming.
Yes, that’s basically how the process works. I’ve read inheritance law. (As in actually an official, graded course, albeit I’m no lawyer obviously. Just elective.) I’ve just not read ALL the inheritance law, EVERYWHERE. Have you?
https://en.wikipedia.org/wiki/Filial_responsibility_laws
#Filial responsibility laws (filial support laws, filial piety laws) are laws in the United States that impose a duty, usually upon adult children, for the support of their impoverished parents or other relatives.
Alright man, all I can say is you can talk to a lawyer when the time comes.
The Wikipedia article you just linked has nothing to do with debt in general. The debt referred to in that article refers specifically to caring for your parents, not assuming their debt for other things (medical bills for previous procedures, credit cards, loans, etc.)
What it’s saying is that you can’t put them in a nursing home, rack up a bunch of debt in their name specifically related to their care, and then not pay it when they die.
Literally just buried my grandma this year and dad a few years ago.
Here… In FINLAND. Where the laws of the United States of America do NOT apply.
Yes, it refers to taking care of your parents. Ie for instance being responsible for them, fiscally. For instance, having responsibility over the debt they’ve accumulated to the state.
When someone dies they and theyre declares insolvent, you imagine it just applies to all fiscal responsibility of that person.
It doesn’t. The filial responsibility laws exempt that debt to the state from being able to be dissolved through insolvency.
And tbh, that guy with his own face and own name, despite being it being a bit from standup, is more credible than you are.
But despite that being generally the case, because the standup brought up the absurdity of the scenario, it wasn’t enforced and the debt was dissolved.
My point was that if you have too much debt your inheritors aren’t going to get anything when you die so just saying that debt doesn’t get passed on like it’s nothing is kind of disingenuous. I guess if you don’t care about leaving anything to your family you don’t need to worry about it but personally I want mine to get as much as possible.
It’s not disingenuous in the slightest. Debt does not get passed on, full stop. You cannot inherit debt except for a few niche scenarios.
I’m not saying it like it’s nothing, I’m saying it like the law is written. I am in the thick of the estate process right now.
You can inherit nothing because all the assets went to cover the debt though. That’s my point.
I don’t disagree. Do people not realize that you can’t inherit the assets of someone who has a negative net worth? That seems pretty common sense to me, and I knew that before I ever dealt with an estate.
You still gotta pay your bills even if you’re dead, or rather the executor has to pay your bills for you.
I think a lot of people don’t really think about it. A lot of the people I know are really bad with money and make a lot of short sighted financial decisions
Smart and rich people get around inheritance taxes by systematically giving wealth to their families over time while they are still living.