As an estate attorney, I am often asked "am I responsible for my deceased relatives debts?" The answer
is almost always "no." Unless you are a joint debtor or co-signor, you are not responsible for your
deceased relative’s debts.
Who is responsible for my deceased relative’s debts?
If your relative died with assets (money or property), then his or her estate will be responsible for the
debts. The executor or administrator of the estate will need to negotiate and pay the decedent’s debts
to the extent that there are sufficient assets to pay. If your relative died with no assets, then the debts
do not get paid. You are not legally nor morally obligated to pay your relative’s debts with your own
money.
What if the deceased relative is my spouse, parent or sibling?
It does not matter how closely the person was related to you. If your spouse dies owing money on a
loan or credit card that was solely in his or her name, you are not personally liable for the debt. The
same applies if the decedent is your mother, father, brother, sister, aunt, uncle, etc.
Would I ever be responsible for my deceased relative’s debts?
The answer is probably not. However, you may responsible for a deceased relative’s debt if you
somehow contractually obligated yourself with the creditor. For example, you signed a loan application
as a co-signor, guarantor or jointly applied for credit with your relative.
The credit card company or collection agency says I’m liable for the
debt. Is this true?
The credit card company or collection agency just wants to collect money from any source they can.
They don’t care who pays as long as someone does. Their agent may say whatever it takes to make you
feel bound to pay the debt. Increasingly, collection agencies are specializing in collecting decedent’s
debts because they have found that it’s easier to collect from the dead than from the living.
Collection agents go so far as to learn about the five stages of grief in the hopes of catching you at your
most vulnerable. Staff are also educated how to utilize empathic or active listening which is a nicer
name for a method of speaking gently and seeming to offer solace while remaining vigilant for any
shred of information they can use to collect payment.
No one is safe from that repugnant call not even the newly widowed or the grieving son, the wealthy or
the poor. The fact is that payment oft-times comes from individuals who have no legal obligation for
the decedent’s debts. Relatives and friends often pay their loved one’s debts from a sense of duty or
pride or responsibility or dignity and sometimes guilt.