Q: A person who was entrusted with an item, or a person who lent an item to someone, died. What are the liabilities and privileges of his inheritors in regard to the item?

A: If an item was entrusted and its guardian died, the inheritors are not liable for anything beyond negligence — even when they know that the item was entrusted to their father — unless they also continue to receive some benefit from it (see C.M. 72:6; Pischei Choshen, Pikadon 1:14).

If the borrower of an item died during the time of the loan, his inheritors are entitled to use the item for the duration of the loan. But they are only liable as a shomer sachar, a paid guardian, since they did not accept responsibility personally. However, the lender may insist that they either return the item or accept liability as a sho’el, a borrower (C.M. 341:3).

If the heirs are unaware that this item was borrowed or entrusted, there is a dispute whether they are liable, even for negligence (Nesivos 341:5; P.C. 9:[34]).

In the opposite case also, should the lender die, the borrower may continue using the item for the duration of the loan (see Aruch Hashulchan 341:1; P.C. 9:12).