WHO IS RESPONSIBLE FOR A DECEASED PERSON'S DEBT?
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- Опубліковано 20 сер 2024
- What happens when a family member dies and they left a significant amount of debt? Can creditors come after the surviving relatives to collect? Is an inheritance affected by that debt?
When a family suffers a loss of a loved one, many times there is an issue of the decedent’s debt. The survivors often ask if they will become liable for the debt. Unless a family member entered into a contract as a co-borrower, or a guarantor of the debt, then the answer is most likely no. But, there is also the issue of inheritance that comes into play if the decedent had assets. When a decedent has assets and a lot of debt, that could affect the inheritance that could be received by the survivors.
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It may be illegal to harass relatives of the deceased for money they owed, but it is common for creditors to call them, and sometimes outright threaten them with lockup, if they don't pay.
No one should be responsible for their debt period. The debt died when they died.
...the ones who are owed would then be responsible as they would be the ones to eat the financial burden under your scenario. Someone always takes the hit.
Man hell's not I'm paying for my my father's debt.
Made his choices in life and I will not pay for that.
Same, I will disclaimed all inherentance. Because it is all Debt.
In the UK your debts die with you. The only exception is if the debt was in joint names where the survivor could be liable. Read the small print to be sure.
I’m a 68 year old woman and I lived with my divorced son. He died in December of 2021 and he had no insurance and he owned nothing. I am still living in his house and paying his mortgage. We didn’t put a death notice out, I didn’t know we were supposed to. I got a certified letter that says my son had a truck repossessed in 2013 and it sold at auction in 2013 and they liked $1.600.00 getting all the money The truck didn’t have my name on it and this bank is saying if they don’t get a check from my sons estate in 7 days they will start probate as a creditor or do sale of realty, and I don’t have $1.600.00. My son didn’t have an estate. He owned nothing and he didn’t have any money saved and he wasn’t working when he died. I’m still paying his mortgage. He has a 13 year old daughter who will inherit this house and lot when she’s of age. I have nothing but my 2004 Toyota. Can they do this? I also have stage 4 kidney disease and this is worrying me to death! It was 9 years ago but I didn’t know we were supposed to put a death notice in the paper. I’m in Tennessee. Can you give me some advice? Thank you.
The creditor can seek payment from your son’s estate. They can open a probate to recover. That may also cause concerns for the lender. You need to speak with a local estate planning attorney to discuss your options.
Because he owned that house he had property they can put a lien on… did he put his daughters name on the mortgage?
I don’t think the death of your son is supposed to make his daughter homeless. I would definitely talk to an attorney.
I'm sorry to tell you but if you don't come up with the money they will take hold of the property and they will sell it to get their money it doesn't matter if it's only a small amount of money they will sell that property for that amount of money and then you and the granddaughter will be homeless! I strongly suggest you find a way to other come up with the money or get an attorney and the attorney is going to be expensive more than what the debt is! I'm very sorry for your situation but this is unfortunately the reality and they legally have the law on their side, it's not morally right but it is legal!
Wait…..it’s been 9 years since your son died and they just now sent a certified letter?
You really need a lawyer if this is the case. Creditors only have a certain amount of time to collect.
Holy pack all that into a 3 min video Batman!
Wow. Thanks for the information packed concise video.
The “Very limited time frame” is 8 months. You can’t see a dime of ANY money from selling the house or anything until that time frame has expired.
It's funny that the debt still floats around when the person receiving benefits passes away, the benefits are immediately cut off.
I wish such precise, concise yet factual information for readily available here (in India) too.
They will bring you back to life just long enough to pay your debt...
My Dad died 20 months ago. Today my Mom got a collection letter about a credit card bill. I know there was no debt. He had two cards and both were paid and they were sent death certificates. Mom was not on the card, they can F Off
I recently had a father who passed away at the age of 48. He was not married. Me and my 3 other siblings were his only family. I am a 20 year old student at Michigan State, my sister is 21 and my other 2 siblings are only 13 and 16, since they are minors we are leaving them out of the hard stuff. We are all splitting everything equally among the 4 of us. He had a life insurance, but a minimal retirement account. He was not very vocal about what he had for debts but after hiuse digging and online research we have found some things. We know there were student loan debts and medical bills lingering around. We know he had a mortgage and he had a car payment. He has a decent amount of vehicles/ toys on his 10 acre property. We also discovered that there was IRS debt and that is what worried us. Will that IRS debt go to the primary benificiary? (which was the oldest of us that we would agree to pay with life insurance) or is that gone too? We have had a lot of peolle tell us that we as his survivors, would take over that IRS debt. Also is it possible to pay the rest of the mortgage and keep the property? Thank you.
Hello, we have the same situation did you guys went on probate? Did they let you guys pay for his debt?!
i have debts collection after husband death and he don't have nothing left
if the person had life insurance. Does the payout of the insurance have to be given to the debt? answered. thanks
I had an uncle whom a doctor told him he had 6 months to live. Dr gave him the bill and my uncle says I can't pay that.
So the dr says ok i will give you another 6 months then.
My husband died, he had one credit card in his name only. I was an authorized user of the card. They tell me I am not responsible for his debt. They are going after his estate. We own everything else jointly. Can they put a lien against our house and am I responsible to pay this debt off?
What if the decedent had a house but no money and had debts? Do his children have to sell the house to pay off the debts?
Hi Teresa, how's your day going with you?
I'm the administrator of the Estate but unfortunately the property is in foreclosure. Am I responsible for the reminding debt and will the foreclosure go on my credit? There is a 50% deed in my name and its a reverse mortgage foreclosure
If you are joint on the loan then yes you will be responsible and it will go on your credit.
Were must I go to check my loved one s dep?
What happens when the decedent held property, whether real or other, in trust or in an LLC? Can creditors go after that or are they barred?
Depends on what your state statutes provide.
Is husband responsible for deceased wife credit card bill
If the debt was created jointly, then you may be responsible.
My brother died last week. All he owns is a bag of old cloths. I've never signed anything ever. He has a tax debt. I am the only surviving family member. Do i have to pay that debt? Thanks
They would have to sue his estate. If he has nothing, then they get nothing. But, you should check the law in the state where he resided to make sure.
My boss died and His family did not want to get involved with his business. I did not got my last pay. How can I claim it.
Check to see if a probate was filed in the county where he lived. If so, you can file a claim as a creditor with the estate.
Hello a credit card wants money from the estate.. what exactly does that mean
Personal debt of the deceased. The creditor could try to collect from the estate. Is that common? Probably not, but it depends on the level of debt.
Hi Valerie, how's your day going with you?
Depending on the state ,,I’m in Ca and if the CC is in ur name only n not your hubbys or joint then HE IS NOT RESPONSIBLE
Hello sir my dad died 8 months ago in America and i am from pakistan... how will i get his assets? He owned a home there
Very Good!... #21 ✝ {3-6-2024)