AKMV Does a child inherit the debts of their parents?
QUESTION
I have a brother who is divorced and has a son who is now an adult—21 years old. Since the father has never really taken care of him, I have been helping him. I got him a job, and now, after a year, he bought a one-bedroom apartment with a mortgage.
I’m glad he has stood on his own feet, so to speak, and integrated into life. He lives near me, so I can still help and advise him. As for his father, my brother, he hasn’t shown up at home for 4 years, has no interest as always, and we don’t even know where he actually is—probably somewhere in the Czech Republic. I’m a bit worried because, as we know from available information, he has made some financial debts by borrowing money and then disappearing. Therefore, I want to ask: if someone to whom his father owes money finds out that his son now works and has bought an apartment, could they start demanding repayment from the son for the father’s debt? Is there anything that can be done to protect the son from being held responsible for his father’s debts?
Someone once told me that there might be some contract, agreement, or something written with a lawyer or notary that protects the son in such cases, stating he is not obliged to repay his father’s debt. But I don’t know what exactly is needed, where to go, or how to define this legally. I just want to make sure that no one comes after the son or demands money, even through legal action, for debts owed by his father.
Since birth, my parents have taken care of him, and after he finished school, I have been supporting and helping him. If you can advise me on what to do if someone tries to ask him for money as a debt of his father… The boy has no one else besides me and our family. Is it possible to make a declaration or something similar?
ANSWER:
As long as your nephew is not a co-debtor or has not in any way (e.g., as a guarantor) committed to covering his father’s debts, there is no reason for creditors to demand repayment from the son.
You may have heard about the possibility of children being held responsible for their parents’ debts in connection with inheritance proceedings, since an heir is liable for the deceased’s debts only up to the value of the inherited estate. If the debts exceed the value of the inheritance, the heir can refuse the inheritance, which means that neither the estate nor the debts pass on to the heir. However, such a refusal cannot be made in advance—while the father is still alive.
JUDr. Veronika Michalíková, MBA