can we be held liable for behind payment on shops rent?

UPDATED: Sep 30, 2022

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can we be held liable for behind payment on shops rent?

good day.

my mother in law passed away about 2 weeks ago, and left her dvd rental shop to us, we founded out that she has been behind about 6months on rent. can the landlord hold us liable to pay all that money back?
thank you Bonni

Asked on January 12, 2017 under Estate Planning, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You would not be liable if refuse the inheritance (people cannot be made to inherit against their will, and as a general rule, heirs are not liable for the deceased's debts). But if accept the inheritance of the business, then you will make yourself responsible for its debts; in taking over the business, you take over its obligations (that is somewhat oversimplified, since the exact structure of the business influences exactly what happens).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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