In general, siblings are not responsible for each other's debts. Each individual is typically accountable for their own financial obligations unless they have co-signed a loan or have a legal agreement that states otherwise. Here are some key points to consider:
Generally speaking, debt can't usually be transferred to another person. If you're not named on the credit agreement and you didn't sign it, or put your name down as a guarantor, then in most cases, the debt can't be transferred to you.
Surviving relatives won't usually be responsible for paying off any outstanding debts, unless they acted as a guarantor or are a co-signatory of the debt.
No, a parent is not legally responsible for a child's debt. Neither is an offspring responsible for their parents debt, including when the parent passes away with unpaid debt.
This is one of the duties that you have, and debts often need to be paid before the remaining assets can be passed on to the beneficiaries. But debt is not inherited like assets are, so you and the other beneficiaries do not have to pay personally.
In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills.
Generally, family members don't have to pay the debts of a loved one who passes away unless they're shared debts. Inherited debt repayment can vary by the type of debt. For example, secured debt, like a car loan, might be handled differently than unsecured debt, like a credit card.
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
If your child left any debts or outstanding credit agreements, no one else should be liable for them unless the debt was taken on jointly or someone acted as a guarantor.
Yes—but only if you co-signed on the debt or are a co-owner based on California's community property laws, as detailed above. Another example: An adult child can inherit debt if their name is on a loan or credit cards that their parent had when they died.
To prove a debt isn't yours, demand a debt validation letter within 30 days of contact, obtain original creditor details, check for other identity theft signs, and gather evidence such as forged signatures on contracts and mismatched creditor information.
And in nine “community property” states, including California and Texas, spouses may be equally responsible for debts incurred during the marriage, including medical debt. Other states may have laws that hold spouses responsible for paying certain essential costs, like health care.
Elder Law Guides
Download our in-depth guides on elder law topics. No, sisters are not legally responsible for one another. So, assuming that they were not already living together, one sister does not have to take in the other sister when she is discharged from the hospital.
If your mom or dad passed away with credit card debt the good news is that you are not personally responsible for their debt. After all, you never signed an agreement to be liable for paying their credit card bill. The responsibility was on your parent.
If someone dies, their debts become liabilities for their estate. The executor, or administrator in the absence of a will, is responsible for settling any remaining debts using the assets of the estate. Thinking about and dealing with the debts of a deceased person is never a nice thought.
Being married to someone doesn't mean you inherit their debts. If you don't have joint finances, like a mortgage or joint bank account, then you can't be made liable. The same goes if you change your surname when you get married.
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.
If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.
In general, you will not inherit any individual debt incurred by your parents or other family members. Deep sigh of relief. At the time of their passing, your parent's estate will be used to pay off or settle any outstanding debts.
When a loved one passes away, you'll have a lot to take care of, including their finances. It's important to remember that credit card debt does not automatically go away when someone dies. It must be paid by the estate or the co-signers on the account.
In California, the general rule is that debts are settled by the deceased person's estate before any assets are distributed to heirs. This means that the estate itself is primarily liable for paying off any outstanding debts.
Community property states: Spouses usually are held responsible for each other's debts in community property states. There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Most debt isn't inherited by someone else — instead, it passes to the estate. During probate, the executor of the estate typically pays off debts using the estate's assets first, and then they distribute leftover funds according to the deceased's will. However, some states may require that survivors be paid first.