Father's Million Debt After Death: Is Abandoning Inheritance the Answer? Forgetting One Thing Could Be Disastrous - Land Agent:

If an heir fails to submit an inventory of the estate to the court and personally repays the entire 1 million yuan inheritance to Creditor A, causing a shortfall of 200,000 yuan for each of the other four creditors, totaling 800,000 yuan in losses, the heir may be held liable for the 800,000 yuan loss if the other four creditors file a lawsuit. Creditor Collusion or Concealment from Heir Could Also Lead to Repayment of Illicit Gains Xiao Qilin pointed out that if Creditor A, knowing there were four other creditors, deliberately concealed this fact, deceived the heir, or colluded with the heir to receive the entire inheritance, it could potentially involve tortious acts under Article 184 of the Civil Code and joint tort liability under Article 185. However, if Creditor A merely knew of the existence of other creditors and received payment for their due debt, it does not automatically constitute a tort. Conversely, if Creditor A was completely unaware of the existence of other creditors, they generally cannot be deemed to have unjustly benefited simply by receiving the 1 million yuan payment. However, according to Article 1162-2, Paragraph 4 of the Civil Code, the other creditors who suffered losses may still request Creditor A to return the excess amount received, and whether this is established depends on the specific legal relationship. Submitting an Estate Inventory Can Prevent 'Hidden Debt' Risks Xiao Qilin reminded that submitting an inventory of the estate serves as a form of protection for the heir. If the heir has legally submitted the inventory and the court has completed the public notice, and other creditors have not filed their claims within the notice period, the deceased has completed the relevant procedures and can avoid the risk of 'hidden debts.' Conversely, if an inventory was not submitted, even if creditors appear after one year, the heir may still be liable for the debts left by their parents.