What to do When Your Relative Dies with Debt

When a relative dies with debt, keep these things in mind: 

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    • Unless you are the spouse, you probably have no legal obligation to pay your relative’s debts. Your relative’s estate is responsible for debts, and the debts will typically go unpaid if the estate runs short.
    • Depending upon which state you live in, some of your relative’s assets are exempt from debt collectors.
    • If a debt collector contacts you, give the collector the contact information of your relative’s personal representative. If you send a debt collector a certified letter saying that you do not want to be contacted further and the collector still contacts you, report problems to the state attorney general’s office.
    • If a debt collector contacts you, do not give out personal information. Scammers often check obituaries and contact relatives.
    • If you are unsure whether or not you are legally obligated to pay your relative’s debt, contact a probate attorney.

See Paying the Debts of a Deceased Relative: What You Should Know, Star Tribune, Sept. 22, 2010.

Special thanks to Sheila Kelly (attorney, Vadnais Heights, MN) for bringing this to my attention.