The high rate of gamblers who take loan for gambling purposes is quite alarming, and most of them are fathers to kids. Most of them don't end up taking care of their debt before passing. What happens to the funds, when the lender comes for his money? It's quite a tough one for a person who isn't a gambler to inherit a trouble from a gambling dad. Such things also increase the anger of the society on gamblers, because the addicts are, also, good at extending their problem gambling to other close relatives. Could it be talked through in the law court?
It could definitely be settled in court, but the defendant needs to pay up the money. That statement depends on where the loan came from; if it were a bank loan, the already paid collateral will be used to clear the loan and, there's certainly no case for his children. If he got it from any other monetary institutions, it'll not just need a refund but they'll calculate penal interest, should he fail to make payment .
What's the essence of putting people through some unnecessary stress of working to pay up a huge debt that you accumulated, all by yourself? What ideas are you passing on to your kids on good parenting?
This is a huge irresponsible act. Others are striving to leave something meaningful for their children when they answer the ultimate call, but others are busy living their lives uselessly. This could be to the extent that some children will be faced with the problem of some debt settlements. Regardless, cases like this are different with different possible solutions to them, and in all, the children may or may not pay the debts. Under the law, it is the person who offended that will suffer the brunt, the same thing is applicable to a loan and ist settlement, it is only the person who borrowed the money that is liable to pay it. This is why you are at your own risk if you lend money out without some proper agreements, guarantor(s) and collateral that will back that agreement up. If there are agreements/collaterals in case of eventualities, then the creditor is empowered by law to enforce his debt recovery agreement.
But in case the property, for example, is worth more than the debt, the remaining shall be returned to the deceased family. If it is a guarantor's agreement as well, the guarantor will be made accountable. However, if there are no such things as mentioned above and the deceased dies, even if he has 100 houses, so far they are not linked to the agreement, the benefactors after his death can decide whatever they like on the matter of whether they should pay or not. In some cases, even if the deceased did not leave any properties for the family, the family may decide to clear the debt in his name to honour him (if they have).
No amount of court can change this stance unless there are some legal backings and I know that creditors are getting wiser these days to avoid issues like this, except for the Loan Sharks with huge interest rates due to their desperation.