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The creditors have to sue the estate, not the relatives, and if the estate is empty, they are not going to get anything. If they sued the relatives, the suit wo

by rdancer 11y ago

The creditors have to sue the estate, not the relatives, and if the estate is empty, they are not going to get anything. If they sued the relatives, the suit would be thrown out rather quickly. Heirs are not liable for the deceased's debts. They can choose to, and sometimes do, satisfy them for their own reasons, but there is no way a creditor can force them to do that any more than they can force a random person. Unless Japan has some unorthodox laws that make relatives of successful suicides liable for their debts to Tokyo Metro?

vinceguidry 11y ago
> The creditors have to sue the estate, not the relatives, and if the estate is empty, they are not going to get anything. If they sued the relatives, the suit would be thrown out rather quickly. Heirs are not liable for the deceased's debts. That is definitely the case in the US, but I would hesitate before assuming it's that way everywhere else in the world. I do know that there are cases in Japan where the deceased parents of suicides have had to pay compensation for the externalities of the suicide, in particular for the decreased property value of the apartment that they committed suicide in. I don't know how or why they had to do this, just that it is a thing that happens. http://www.tofugu.com/2012/11/12/japanese-suicide-apartments/http://www.tofugu.com/2012/11/12/japanese-suicide-apartments/ http://www.tofugu.com/2012/11/12/japanese-suicide-apartments...
- rdancer 11y ago
  That's still the same issue, people confounding estate and family members, and it gets written that way because it elicits emotional response, not necessarily because it were true. It looks like in principle it is the same as the English Common Law or the Napoleonic or Germanic law: "[T]here are two ways for successors to consent how to inherit: simple consent (tanjun-syonin) and limited consent (gentei-syonin). Simple consent is to accept the whole inheritance, including debts and assets. Limited consent is to accept debts with a limitation up to the value of the assets." -- http://japan.angloinfo.com/money/pensions-wills/inheritance-law/ http://japan.angloinfo.com/money/pensions-wills/inheritance-... In fact I doubt there is a legal system in existence that doesn't follow this principle. It would be ripe for abuse, as everybody would be getting loans secured on the wealth of their rich relatives.
  - vinceguidry 11y ago
    > That's still the same issue, people confounding estate and family members, and it gets written that way because it elicits emotional response, not necessarily because it were true. The article I linked was pretty clear in that the apartment owners sued the family, not the estate. Think about it, how much is a college kid going to have in his estate? They have to sue the family, because they're the only ones that can make good.
    - xbmcuser 11y ago
      I think it's for properties where the loan is cosigned by the parents.

by rdancer 11y ago

vinceguidry 11y ago

> The creditors have to sue the estate, not the relatives, and if the estate is empty, they are not going to get anything. If they sued the relatives, the suit would be thrown out rather quickly. Heirs are not liable for the deceased's debts. That is definitely the case in the US, but I would hesitate before assuming it's that way everywhere else in the world. I do know that there are cases in Japan where the deceased parents of suicides have had to pay compensation for the externalities of the suicide, in particular for the decreased property value of the apartment that they committed suicide in. I don't know how or why they had to do this, just that it is a thing that happens. http://www.tofugu.com/2012/11/12/japanese-suicide-apartments/http://www.tofugu.com/2012/11/12/japanese-suicide-apartments/ http://www.tofugu.com/2012/11/12/japanese-suicide-apartments...

rdancer 11y ago
That's still the same issue, people confounding estate and family members, and it gets written that way because it elicits emotional response, not necessarily because it were true. It looks like in principle it is the same as the English Common Law or the Napoleonic or Germanic law: "[T]here are two ways for successors to consent how to inherit: simple consent (tanjun-syonin) and limited consent (gentei-syonin). Simple consent is to accept the whole inheritance, including debts and assets. Limited consent is to accept debts with a limitation up to the value of the assets." -- http://japan.angloinfo.com/money/pensions-wills/inheritance-law/ http://japan.angloinfo.com/money/pensions-wills/inheritance-... In fact I doubt there is a legal system in existence that doesn't follow this principle. It would be ripe for abuse, as everybody would be getting loans secured on the wealth of their rich relatives.
- vinceguidry 11y ago
  > That's still the same issue, people confounding estate and family members, and it gets written that way because it elicits emotional response, not necessarily because it were true. The article I linked was pretty clear in that the apartment owners sued the family, not the estate. Think about it, how much is a college kid going to have in his estate? They have to sue the family, because they're the only ones that can make good.
  - xbmcuser 11y ago
    I think it's for properties where the loan is cosigned by the parents.