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.
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.
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 someone dies, their debts are generally paid out of the money or property left in the estate. If the estate can't pay it and there's no one who shared responsibility for the debt, it may go unpaid. Generally, when a person dies, their money and property will go towards repaying their debt.
Similarly, creditors do not have the right to go after the assets of parents, children (for instance, child support), siblings, or any other family members.
A creditor cannot go after a child to collect on a parent's debt if there is no contractual agreement between the child and their parents' creditors. However, a child may be personally liable if: They cosigned or agreed to be a guarantor on a parent's debt. They held a joint credit card with the deceased parent.
Setting up a living trust can allow an estate to bypass the complicated probate process—which determines if there's a valid will, who the beneficiaries are, the value of the estate and how to transfer the assets to the beneficiaries. A living trust can protect assets from creditors and reduce tax burdens.
Additional examples of unsecured debt include medical debt and most types of credit card debt. If you die with unsecured debt, repayment becomes the responsibility of your estate. Your legal estate refers to all the assets, property and money left behind by you or another deceased person when they die.
While creditors are given the first opportunity to stake their claims to a decedent's assets, they cannot hold heirs financially responsible for the deceased person's debts. Creditor claims are settled with a decedent's estate—not the decedent's heirs.
Sometimes, the decedent leaves behind unpaid debts. If that happens, a creditor could intercept a beneficiary's inheritance to repay the money owed to them.
The executor — the person named in a will to carry out what it says after the person's death — is responsible for settling the deceased person's debts. If there's no will, the court may appoint an administrator, personal representative, or universal successor and give them the power to settle the affairs of the estate.
Inherited money is protected from creditors; even if you're dead, your estate is not liable for debts. This means that debt collectors can't take any funds that have been willed to you. For example: Let's say your grandmother left $50,000 in her will to be used as an inheritance for each of her grandchildren (you).
However, once the three nationwide credit bureaus — Equifax, Experian and TransUnion — are notified someone has died, their credit reports are sealed and a death notice is placed on them. That notification can happen one of two ways — from the executor of the person's estate or from the Social Security Administration.
Amy explains that waiting to inform the bank allows a family member time to gather all relevant information, including details on life insurance policies and electricity and utility bills. After notifying the bank, the account will be frozen, meaning nothing can be taken out or deposited.
A debt doesn't generally expire or disappear until its paid, but in many states, there may be a time limit on how long creditors or debt collectors can use legal action to collect a debt.
No, you don't. Any debts either spouse had before marriage remain their own responsibility, with one notable exception. If you cosign a loan for your significant other or open a joint account on a credit card before you officially tie the knot, you're both responsible for the debt after your marriage date.
You are not responsible for someone else's debt.
This is often called their estate. If there is no estate, or the estate can't pay, then the debt generally will not be paid.
Relatives typically aren't responsible for using their own money to pay off credit card debt after death. But they may be on the hook in some cases, like if they had a joint account with the deceased person or are a surviving spouse in a community-property state.
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.
If there is no money or property left in an estate, or the estate can't pay, then the debt generally goes unpaid. For example, when state law requires the estate to pay survivors first, there might not be any money left over to pay debts.
But you should know that you can inherit debt that you were already legally responsible for while your parents were alive. For instance, if you cosigned a loan with them or opened a joint credit card account or line of credit, those debts are legally yours just as much as they are your parents.
Federal student loans and PLUS loans get discharged if borrowers pass away. Private student loans behave much like any other type of personal loan—if cosigners are involved, they'll be liable for the debt. If there are no cosigners, student loan debt must be paid by the decedent's estate—sometimes immediately.
Adult children typically don't have to pay their parents' bills, but there are exceptions. And even when a child doesn't have to pay directly, debt could reduce what they inherit.
Generally, a debt collector can't discuss your debt with anyone other than: You. Your spouse. Your parents (if you are a minor)
Filial responsibility refers to an adult child's legal duty to support his or her parents. Thirty U.S. states currently have filial responsibility laws that obligate adult children to support parents if they can't do it themselves.