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.
Most federal student loans are discharged when the borrower dies, including Parent PLUS loans. The loan servicer will need to receive acceptable documentation of death, such as an original or certified copy of the death certificate. A family member or representative can provide the documentation to the loan servicer.
You, the parent borrower, are legally responsible for repaying the loan. Can the loan be transferred to the student? No, a Direct PLUS Loan made to a parent cannot be transferred to the child. You, the parent borrower, are legally responsible for repaying the loan.
Asset protection trust
Trusts can help protect assets from various risks and potential threats including creditors, lawsuits, bankruptcy, and estate taxes. When assets are transferred into a trust, they are no longer owned by the individual (the settlor) but are instead owned by the trust itself.
But if you stop making payments and your loans default, a student loan lawsuit could be filed against you. If that happens and the court enters judgment against you, then any funds in your bank account — including your inheritance — could be levied or taken to repay the debt.
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.
Whoever gave you the money for your education (the lender) is usually who owns your student loan. This is either the federal government or a private company. But your loan servicer is who handles the loan repayment—and who dishes out the consequences if you don't pay up.
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.
You can get student loans without parents if you're classified as an independent student or, in some cases, a dependent student.
Student loans don't go away after seven years. There is no program for loan forgiveness or cancellation after seven years. But if you recently checked your credit report and wondered, “why did my student loans disappear?” The answer is that you have defaulted student loans.
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.
Impact on Co-signers and Guarantors
If the borrower passes away, the responsibility for repaying the loan immediately transfers to the co-signer or guarantor. This shift in obligation occurs as soon as they contact the bank or financial institution to continue the repayment process.
Your parent's PLUS loan will be discharged if your parent dies or if you (the student on whose behalf your parent obtained the loan) die.
Yes, your Parent PLUS Loan can be transferred to your child. The best way is to refinance the loan with a private lender under your child's name. Not all lenders offer the option to refinance Parent PLUS Loans in another borrower's name, so check with the lender beforehand to see if this is available for you.
Borrowers who have reached 20 or 25 years (240 or 300 months) worth of eligible payments for IDR forgiveness will see their loans forgiven as they reach these milestones. ED will continue to discharge loans as borrowers reach the required number of months for forgiveness.
If a borrower dies, their federal student loans are discharged after the required proof of death is submitted. The borrower's family is not responsible for repaying the loans. A parent PLUS loan is discharged if the parent dies or if the student on whose behalf a parent obtained the loan dies.
If there's no money in their estate, the debts will usually go unpaid. For survivors of deceased loved ones, including spouses, you're not responsible for their debts unless you shared legal responsibility for repaying as a co-signer, a joint account holder, or if you fall within another exception.
In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills. If there's not enough money in the estate, family members still generally aren't responsible for covering a loved one's medical debt after death — although there are some exceptions.
Key Takeaways. Parents are not obligated to repay their child's federal student loans, even though their information is required for the Free Application for Federal Student Aid (FAFSA). Parents may be held responsible for student loan debt if they co-signed a private loan or took out a parent PLUS loan.
If you are delinquent on your student loan payment for 90 days or more, your loan servicer will report the delinquency to the national credit bureaus, which can negatively impact your credit rating. If you continue to be delinquent, you risk your loan going into default.
Adults with a postgraduate degree are especially likely to have a large amount of student loan debt. About a quarter of these advanced degree holders who borrowed (26%) owed $100,000 or more in 2023, compared with 9% of all borrowers. Overall, only 1% of all U.S. adults owed at least $100,000.
Bottom Line. You are not responsible for your parent's debt. Any debt that they held is managed through the estate, and then disposed of. However, if you choose to take out a joint loan with your parents while they're alive or to assume a burdened asset from their estate, you can voluntarily take on their debt.
Credit card balances are typically paid for by the deceased's estate, which is everything that they owned at the time of death.
You are generally not responsible for someone else's debt. When someone dies with an unpaid debt, if the debt needs to be paid, it should be paid from any money or property they left behind according to state law. This is called their estate.