Should the children pay back the money owed by the dead mother

1、 Should the children pay back the money owed by the dead mother

After the death of the mother, if there is any property in her name, the children will act as heir come inherit According to the relevant laws and regulations, they need to pay the deceased debt Make clear repayment. If it is beyond this range, the children will decide whether to repay the surplus.

However, when a child fails to obtain any inheritance from the mother, he or she is not responsible for paying the debts incurred by the mother.

《 Civil Code 》Article 1159

In dividing the estate, the decedent shall pay off the taxes and debts that should be paid according to law;

However, the necessary inheritance should be reserved for heirs who lack the ability to work and have no source of income.

2、 What are the first heirs after mother's death

It needs to be analyzed and handled according to the specific situation. yes will The estate was distributed by will. Without a will, the heirs in the first order shall inherit according to the provisions of the Civil Code. The legal first order heirs are as follows: parents, spouses and children. The first order heirs shall inherit together, divide equally or divide through consultation.

Article 1127 of the Civil Code

The estate shall be inherited in the following order:

（1） First order: spouse, children, parents;

（2） The second order: brothers and sisters, grandparents, maternal grandparents.

After the beginning of succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit; If there is no successor in the first order, the successor in the second order shall inherit.

The term "children" as used in this part includes legitimate children Illegitimate child , adopted children and support The stepchild of the relationship.

The term "parents" as used in this Part includes biological parents, adoptive parents and step parents who are dependent on each other.

The term "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half brothers and half sisters, adoptive brothers and sisters, and step brothers and sisters who have supported each other.

Law is a powerful tool, which can protect the weak, restrict the strong, and maintain social justice and fairness. However, the power of law lies not only in its provisions and punishment, but also in our understanding and compliance. As the title of this article puts forward, "Should the children pay back the money owed by the dead mother?" Each of us has the responsibility and obligation to learn and understand the law, to abide by the law, and to maintain the dignity and authority of the law. Only in this way can we truly realize the ideal of a society governed by law and achieve justice and fairness.