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| If a spouse or parent dies, can creditors come after family members to collect the debt? |
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Last Updated
13th of April, 2010
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Generally speaking, you are not responsible for other people’s debt when they die, unless you are a co-signer on shared accounts with the deceased. If, however, the deceased is your spouse and you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), debts incurred during the marriage are considered community property and you are likely responsible for them.
When a person dies with outstanding debt, the creditor will first look to any co-signers or joint account holders. Then they will go after the estate for payment. The creditor may not bother to pursue the debt if it is a small amount, but there is no guarantee.
If you are feeling pressured to pay a debt that you are not responsible for, or if you are not sure whether you have to pay your deceased relative’s debt, you may want to contact a consumer law attorney. If you have legitimate debt from a deceased relative that you can not afford to pay, you may want to contact a debt consolidation company and get professional help.
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