Dear PAO,
My deceased father borrowed money from my grandmother. He was not able to pay these loans. I did not sign anything or take out these loans myself. Now, my aunt (his cousin) is pressuring me to pay. She sends messages saying I must settle the debts because of “karma.” She guilt-trips me by comparing my personal spending to this debt. I am willing to help out of goodwill, but I do not accept this as my obligation. I want to set clear boundaries. Am I legally responsible for my father’s old debts? What steps should I take to protect myself if my aunt continues to demand payment and harass me?
Marie Angel Bisagra
Dear Ms. Bisagra,
Generally, if a person dies, the creditors may go against his or her estate, or the properties he or she has left behind. The debt, and the corresponding obligation to pay it, does not transfer to the heirs of the deceased. Article 774 of the New Civil Code states that obligations are transmitted to the heirs only to the extent of the value of the inheritance they actually receive:
“Art. 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law.”
Therefore, you have no personal obligation to pay your deceased father’s debts. Rather, you may only be held responsible for your father’s debt to the extent of the value of the inheritance you might have received from him. If you received nothing, you generally owe nothing.
Applying the foregoing, your aunt’s remedy, if any, is to file a claim against your father’s estate, not to demand payment from you personally as his heir. If no estate proceedings have been initiated, she may need to petition the court to open settlement proceedings. The court would then supervise the liquidation of your father’s assets (if any), settle valid claims from the estate, and distribute any remaining balance to the heirs.
Her personal pressure on you has no legal basis, and you can set a firm boundary by stating this. Inform her that the debt is a matter between the creditors and the estate, and her recourse is through legal channels. Her comments about your spending or “karma” are irrelevant to the legal issue.
Moreover, your offer to help out of goodwill is a voluntary family gesture, not an admission of liability. You are free to provide assistance directly to your grandmother, on your own terms, without involving a middleman. Should the harassment continue, you may consider seeking a lawyer’s counsel to formally clarify your legal position, which should stop the improper demands. The law protects heirs from being burdened by ancestral debt beyond what they inherit.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
