No, student loans (and debt in general) can never be ``passed'' to a third party who didn't co-sign on the debt. Some types of student loans (including federal loans) are discharged upon the death of the borrower. Many private loans (like other kinds of consumer debt) become the responsibility of the estate.
If you default on your federal student loan, the entire balance of the loan (principal and interest) becomes immediately due. This is called acceleration. Once your loan is accelerated, your loan holder can begin collecting on your loan by taking money from your wages or your federal payments (such as tax refunds).
By transferring assets into a homestead-exempt property, you can shield those assets from certain types of creditor claims. Assets held within qualified retirement accounts such as 401(k)s, IRAs, and pension plans are often protected from creditors under federal and state law.
What does inheritance garnishment cover? Some types of inheritance are protected from creditors, which may include retirement or life insurance funds. However, states CreditCards.com, collectors may be able to seize certain assets to repay your debts, including money that was left to you in a will.
California law does allow creditors to pursue a decedent's potentially inheritable assets.
The State of California does not impose an estate tax, also known as an inheritance tax. However, the federal government does impose an estate tax on residents of California.
Federal loans can also affect your bank account directly. Unlike private loans, the government doesn't need to sue you in court before garnishing your bank funds. However, only a portion of your income or savings can be seized, and certain benefits like Social Security are protected.
As a result, student loans can't take your house if you make your payments on time. However, if you miss enough student loan payments, your accounts will first move into delinquency status and then into default status. Once you default on student loans, you're at risk of having your house taken to pay them back.
If you default on your student loan, that status will be reported to national credit reporting agencies. This reporting may damage your credit rating and future borrowing ability. Also, the government can collect on your loans by taking funds from your wages, tax refunds, and other government payments.
For student loans, the maximum amount the Federal Department of Education may garnish is 15 percent of the employee's disposable income and not more than 30 times the minimum wage. This maximum garnishment depends on the payroll schedule.
Lenders can garnish your bank account to recover student loan debt, and they can do it in different ways depending on whether your student loans are federal or private.
Under certain federal programs, it's possible to get your student loans forgiven after 20 years of qualified payments. Private student loans, however, typically don't have forgiveness options, regardless of how long you pay them.
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income.
Know your rights. You generally aren't responsible for your deceased parents' consumer debt unless you specifically signed on as a co-signer or co-applicant. Do not allow aggressive debt collectors to trick you into thinking you have to repay the debt.
However they cannot garnish or take any of your social security or other retirement income. Just refer them to HELPS. Although it is not common, it is possible for a defaulted federal student loan to garnish 15% of a person' social security. We never see student loans taking other retirement income like pensions.
Both federal and private student loans fall off your credit report about seven years after your last payment or date of default. You default after nine months of nonpayment for federal student loans, and you're not in deferment or forbearance.
Lawsuits to Recover Defaulted Federal Student Loans
The federal government can also sue defaulted borrowers to seize assets such as bank, brokerage and retirement accounts, place liens on real estate and increase the wage garnishment amount beyond the 15% administrative wage garnishment limit.
In some cases, you could lose some of your financial privileges. You might see a reduction in your tax refund, Social Security benefits or even experience wage garnishment. Plus, there's no statute of limitations when it comes to federal loans. In other words, the federal government could take you to court at any time.
Share: The IRS probably already knows about many of your financial accounts, and the IRS can get information on how much is there. But, in reality, the IRS rarely digs deeper into your bank and financial accounts unless you're being audited or the IRS is collecting back taxes from you.
You may be eligible for a deferment or forbearance of your federal student loans if you are unable to make payments on those loans while you are confined. During a period of deferment or forbearance, you would not be required to make payments, but interest may continue to accrue.
Approximately half of student loan debt holders say their debt has impacted their life choices. One third say it has impacted their ability to continue their education (33%) while 14% say it has impacted their decision to start a family.
In Summary. In short, here are the three ways you could be disinherited: (1) full disinheritance, (2) retaining your inheritance in trust with a hostile trustee managing it, or (3) a reduced share that forces you to make a tough decision.
Another key difference: While there is no federal inheritance tax, there is a federal estate tax. The federal estate tax generally applies to assets over $13.61 million in 2024 and $13.99 million in 2025, and the federal estate tax rate ranges from 18% to 40%.
Unfortunately, fraud and stolen inheritance are very common. The worst part is that most of the time, the responsible person turns out to be an executor, sibling, or family member. This situation can be emotionally devastating and financially damaging.