judgments against the estate of a deceased person

whiskey1

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What is the difference between a creditor and a money lender when considering what is owed on the estate of a deceased person? Are both able to get summary judgements against the estate?

Thanks for replies.
 
Both are creditors.

Does the lending institution require security or a life insurance policy for money it lends?

Is the next of kin liable for loans he did not sign for?
 
Does the lending institution require security or a life insurance policy for money it lends?

No. If a lending institution lends John money, John must repay that money, whether it is secured or not. If John dies, his esate owes the money and before any money can be distributed to his beneficiaries, this and other creditors must be paid off.

Is the next of kin liable for loans he did not sign for?

No John's brother Paul, does not have to pay John's debts. However, John's creditors must be paid in full, before any money is paid to Paul.

Paul should not have received an inheritance while there were unpaid creditors. If the executor paid Paul before paying the creditors, the executor and Paul would be obliged to pay the money back into the estate.
 
The next of kin, as next of kin, is not liable for anything.

The executor or administrator of an estate is responsible for the debts of the estate up to the value of the estate. If there are insufficient assets to cover all the liabilities, it can get difficult and it might be best to seek professional help.

A person claiming on an estate must be able to show that the claim is justified. That does not necessarily involve a document signed by the deceased.
 
... If the executor paid Paul before paying the creditors, the executor and Paul would be obliged to pay the money back into the estate.

And if Paul is unwilling or unable to pay the money back, the liability falls on the executor - which is a good reason for executors to be very careful.
 
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