Legal analysis:

After the father dies after borrowing a loan at a high interest rate, whether his son needs to repay the loan depends on the heir regulations.

According to regulations, after the inheritance begins, the heirs need to bear the following obligations:

1. Pay off the taxes that the deceased should pay, such as industrial and commercial taxes;

2 , to pay off the debt that the deceased should pay, and it is a legal debt, so the usury debt must bear legal interest.

Therefore, according to the above regulations, if the father dies after borrowing a usurious loan, his son will also need to bear the usury debt after inheriting the inheritance. However, when bearing usurious debts, the heirs can still bear the part of the high interest protected by law in accordance with the law, that is, the interest on the part where the annual interest rate does not exceed 36%.

In addition, according to the provisions of inheritance laws, when a son is the heir of an estate, when repaying usury debts, the actual value of the estate should be limited to the actual value of the estate. The heir does not need to repay the portion that exceeds the value of the entire estate. However, if the heir returns it voluntarily, he will be protected by law.

Legal basis:

"People's Republic of China and Civil Code"

Article 1161: The actual value of the inheritance shall be Pay off the taxes and debts that the deceased should pay according to law within the limit. This does not apply to the amount that exceeds the actual value of the estate and is voluntarily repaid by the heirs.

If the heir gives up the inheritance, he will not be liable for the taxes and debts that the deceased should pay according to law.

Article 1,162 The execution of a bequest shall not hinder the payment of taxes and debts that the legatee shall pay in accordance with the law.

Article 1163. If there is both legal inheritance and testamentary inheritance or legacy, the legal heir shall pay off the taxes and debts that the deceased should pay according to law; any excess of the actual value of the legally inherited inheritance shall be paid off by the legal heir. , which shall be paid off by the heirs and legatees in proportion to the inheritance received.

Derivative issues:

How much usurious interest rate is illegal?

On January 20, 2022, the one-year loan market quoted interest rate was announced to be 3.7, indicating that the highest level of private lending The interest rate becomes 14.8, and it is illegal to exceed it. According to legal provisions, the loan interest rate shall be agreed upon by the parties, and the specifically agreed interest rate shall not exceed four times the one-year loan market quoted interest rate when the loan contract relationship is established. The specific interest rate is determined based on the one-year loan market quotation rate published monthly by the National Interbank Funding Center authorized by the People's Bank of China.