There are two types of debt you could inherit from your parents: loans you co-signed for them and medical debt (in certain states). Over half of U.S. states have filial responsibility laws, which say adult children may be responsible for their parents' care expenses if they can't support themselves.
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.
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.
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.
No. All debts, including funeral costs, must be paid before an estate is divided amongst the beneficiaries of a will. Only after all creditors have confirmed in writing that files are closed and any remaining debt written off, can the money be given to beneficiaries.
It may come as a relief to find out that, in general, you are not personally liable for your parents' debt. If they pass away with debt, it is repaid out of their estate. However, this means that debt repayment could diminish or eliminate assets and property you could have inherited from your parents.
To be clear, debts that are in your parent's name only are debts the estate has to pay. According to the Consumer Financial Protection Bureau, you will be the hook for money owed only if these situations apply to you: You co-signed a loan with your parent. The loan becomes your responsibility when your parent dies.
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.
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.
If your spouse dies, you're generally not responsible for their debt, unless it's a shared debt, or you are responsible under state law.
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.
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.
When you pass away, your mortgage doesn't suddenly disappear. Your mortgage lender still needs to be repaid and could foreclose on your home if that doesn't happen. In most cases, the responsibility of the mortgage will be passed to the beneficiary of the home if there is a will.
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.
Who is responsible for credit card debt after death? Generally, when someone passes away, any outstanding debts are paid through cash and other assets in their estate. This process is handled by the executor of their will or trust. If they don't have an estate plan, the probate court handles the distribution of assets.
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.
Life Insurance and Probate in California
An up-to-date policy is paid regularly and names beneficiaries who are alive and can be contacted easily. When your life insurance is not current, then it will be included in your estate. That means it will go through probate and be used to pay off debts before it is paid out.
Many people think that because someone has passed away, it will be possible to avoid paying these debts. That's not the case. You personally, and the beneficiaries, are not responsible for debts, but you do have to pay estate debts if there are enough estate assets with which to pay them.
Technically, children won't have to pay off their parent's tax debt. But that doesn't mean what you have coming in a will is entirely yours if the deceased owes money to the IRS.
Certain types of debt, such as individual credit card debt, can't be inherited. However, shared debt will likely still need to be paid by a surviving debtholder. There are laws that protect family members from aggressive debt collectors who may use questionable methods to collect debts.
If it was an individual account, you may owe nothing—unless you live in a community property state, in which any debt incurred during marriage is considered joint. If you're not in a community property state and you weren't a cosigner or joint account holder, you shouldn't inherit their credit card debt.
You can apply for benefits by calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or by visiting your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to apply.
There is no exact limit on when you need to claim funds, and you can certainly take some time to adapt to a loved one's death. However, it's wise to act promptly. Eventually, the account may go dormant, and banks might be required to turn over dormant accounts to the state for safekeeping (usually after several years).
Avoid attending auspicious events like weddings, baby showers for the first 100 days after death. If possible, avoid going on holidays as well. As this period is termed the "mourning period", the filial thing to do would be to stay home to mourn.