This report considers the payment of a person’s debts out of their estate after their death (at the time of publication). Over hundreds of years, a common law “order of application” had developed, that determined the order in which certain kinds of assets could be applied to pay off a debt, so that, for example, assets that were not given over as a gift to someone would be applied to pay off debts before those that were. The report contends that the common law order which developed was archaic, over-complicated, and no longer applicable to modern needs and policy. After considering modern needs, this report suggests the creation and modification of statute to create a more applicable order of application, a better way to deal with secured debts, and a better way to deal with income tax triggered by the death.
Report For Discussion
Back to Publication SearchOrder of Application of Assets in Satisfaction of Debts and Liabilities, Report for Discussion 19
Resource Details
Publication No: | 19 |
FORMAT: | Publications |
TAGS: | class, real property, priority, real estate, asset, distribution, estate, testator |
FILE: | rfd19.pdf |