Who Is Responsible for a Deceased Relative's Debt?
When a relative dies, the last thing grieving family members need are calls from lenders and debt collectors. Many federal and state laws prohibit abusive, unfair, or deceptive debt collection practices.
These laws protect borrowers while they are alive and relatives after a loved one dies. This article answers frequently asked questions about handling a deceased person's debts.
- Who is responsible for paying the debt?
- Are there exceptions?
- What about student loan debt?
- Do I have to speak with debt collectors?
- What should I do if a debt collector contacts me?
- How do I stop debt collectors from contacting me again?
- Can debt collectors reveal my relative's debt to others?
- More information on filing a complaint
- Get legal help handling a deceased relative's debt
Most debt does not simply disappear when you die. Generally, a dead person's estate is responsible for paying their debts by selling off estate assets. Once someone dies, they are a "decedent." The personal representative of the decedent's estate handles the estate administration according to the terms of a will. If the decedent has no will, their assets are distributed according to state probate laws. The personal representative is appointed in a will or, if there is no will, by a court during the probate process.
The personal representative pays off debts before distributing any property to heirs (people who inherit based on descent) and beneficiaries (people chosen in a will for inheritance). If there isn't enough money in the estate to cover the decedent's debts, the property may be liquidated (sold for cash) to make payments.
Note that some property is “exempt," meaning debt collectors cannot reach it. Most of the time, life insurance policies and retirement accounts fall into this category. Other exemptions vary from state to state. A local estate planning attorney can help you determine the status of your loved one's property.
A deceased person's estate is normally responsible for the person's insolvency, though there are a few important exceptions.
1. Joint Account Holders
Two or more people can jointly hold bank accounts and credit lines. The holders of the account share responsibility. If one holder dies, the other is responsible for any associated debt. So, jointly held credit card debt is one type of debt that you will be responsible for if a co-holder passes away.
There is a difference between an account holder and an authorized user. An authorized user can use an account but is not responsible for any liabilities. But an account holder is responsible for its liabilities.
When someone borrows money for a car loan, rents an apartment, or takes on some other financial obligation, they may be required to have a cosigner. This assures the primary signer's responsibilities will be carried out. If the primary signer fails to keep up with their obligations or dies before paying off the debt, the cosigner is on the hook for the unpaid debt.
3. Spouses in Community Property States
In a few states, property owned by a married couple is known as “community property." This means that each spouse, with some exceptions, equally shares all property acquired during the marriage. The corollary is that any debt acquired during the marriage remains the responsibility of a surviving spouse.
There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. A family law attorney can help you sort through the marital property laws in your state.
Federal student loans are completely discharged if the borrower dies. The loan is discharged once a family member or the personal representative of the deceased person's estate submits proof of death to the loan servicer. They can do this by submitting a death certificate.
Note that this does not apply to private student loans. Determining the status of private student loans when the borrower dies requires a close look at the loan documents.
No, you do not have to speak with debt collectors — even if the debt is yours. But this does not stop collectors from using other legal means of securing unpaid debt. For example, a debt collection company may file a lawsuit against a deceased person's estate.
Remember, it is illegal for a debt collector to use abusive, unfair, or deceptive practices when collecting a debt. The federal Fair Debt Collection Practices Act (FDCPA) outlines many of these prohibitions. Debt collectors may not contact you at unusual hours (generally defined as before 8 a.m. or after 9 p.m.). They also cannot harass you by making repetitive calls.
If contacted by a debt collector seeking payment for a deceased relative's debts, give them the contact information of the estate's personal representative. This person is responsible for settling the estate's affairs, including paying outstanding debts.
If you are a personal representative, you want to determine whether the debt is legitimate. Find out the collector's name, company, and contact information. Also, find out the amount owed, the name of the underlying creditor, and how to dispute or settle the debt.
Regardless of who you are, do not give any personal information (e.g., Social Security number, birth date, or financial account numbers) to unidentified debt collectors. Many scam artists gather information from obituaries and other public notices of someone's death. They then pose as debt collectors to gather personal data from the deceased person's relatives and use it to commit identity theft and other types of fraud.
You can stop debt collectors from calling you by mailing them a letter. The Consumer Financial Protection Bureau provides sample letters to help you draft your demand. You should keep a copy of your letter, send the original by certified mail, and pay for a "return receipt" to prove that the letter was sent and received.
Once the collector gets your letter, they may not contact you again, subject to two exceptions. First, a collector can contact you to tell you that there will be no further contact. Second, they may contact you to tell you they plan to take a specific action, like filing a lawsuit. Keep track of all communications with debt collectors.
In general, it is illegal for debt collectors to publicize a person's debt. They may only contact uninvolved third parties to find out how to contact the person responsible for the unpaid debt.
But they may not disclose or discuss the debt with anyone other than you, your spouse, your guardian (if you are a minor), or the personal representative of your estate. Debt collectors must work through the attorney if you hire an attorney to handle a deceased person's estate.
There are two primary ways to report misbehavior by debt collectors. First, you may file a report with the Federal Trade Commission, the agency responsible for enforcing federal consumer protection laws. Also, many states have their own consumer protection laws. You can report violations of these laws to your state Attorney General's office.
Losing a loved one and handling their estate is already a challenging life experience. Managing a deceased relative's debt only adds to this burden. Fortunately, chances are you are not responsible for your deceased relative's debts. Find out your obligations by getting legal advice from an estate planning attorney near you.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex probate situations usually require a lawyer
- A lawyer will take these matters seriously and enforce protections
- Get tailored advice and ask your legal questions
- Many attorneys offer free consultations