Under current law, children of deceased parents are not responsible for paying the parents’ existing debt. Although debt does not disappear, a deceased parent’s estate can cover the amount. However, the debt will go unpaid if the estate cannot cover the cost.
A knowledgeable estate planning lawyer with Amity Law Group could answer any legal questions you have concerning debt liability. Schedule an initial consultation with a member of our team today to learn more.
Exceptions for Collecting Debt
Regardless of the law, there are certain exceptions that can make the child of a deceased parent responsible for paying their debts. For instance, a person may be accountable to repay debts if they:
- Have a legal responsibility to resolve the estate and are bound to follow state probate laws
- Have co-signer obligations that are remanded unpaid (like car loans)
- Are named an executor in a will, making them responsible for the respective debt
Legal Protections Against Debt Collectors
The law also allows certain protections from debt collectors. The FDCPA, which stands for the Fair Debt Collection Practice Act, states that debt collectors cannot abuse their power and engage in unfair or deceptive practices when collecting money from the remaining family members.
Additionally, collectors cannot discuss the debts of someone who has passed. If they were to contact the children of the deceased, the only information they can ask for would be the name of their parent’s spouse (if married and living), administrator, or whoever is responsible for these debts.
Although they can reach out to the family, the collectors cannot discuss the nature of the debt or its implications. The legal professionals at Amity Law Group could provide more information concerning a person’s legal protections against debt collectors.
Filing Legal Action Against Debt Collectors
By law, an individual can prevent collectors from continuing to communicate with them. To ensure this, they must send a certified letter stating they wish to have no further contact with the respective debt collecting office.
This will not stop collectors from pursuing the debt but they will be forced to cease all contact with the respective party. If they do not do so, the person has the right to pursue legal action against them. An attorney could help a client navigate the process of filing a lawsuit against an unlawful debt collector.
Speak With a Professional Attorney About Paying For Your Deceased Parent’s Debt
Contact a reliable estate planning lawyer to discuss any legal requirements when it comes to paying your deceased parent’s debt. Walking through this complicated process can be difficult, but you do not have to do it alone.
Our team at Amity Law Group could provide thorough advice concerning your current situation and the protections you have. Call to schedule an initial consultation to speak with one of our dedicated lawyers today.
