By Samuel Gonzalez
Debt has become one of the endemic evils that hits the finances of American households the hardest. Inflation, which remains high; interest rates on credit cards that are around 21%, on average; and increasingly tight budgets have caused loan and credit balances to accumulate rapidly. Formal collection demands are increasingly common. And in the face of so many concerns, a common question arises among borrowers: What happens if a person sued for outstanding debts dies? Is the family responsible for paying?
The topic is doubly delicate: on the one hand, talking about the loss of a loved one is never easy to address; and, on the other hand, When that person had a debt problem during their lifetime, it does not usually end with their death.. A creditor’s formal claim does not automatically disappear when the defendant dies; However, the judicial process is usually suspended once the court is notified of the death and the deceased’s inheritance is identified.
Although this also has nuances that depend on the moment of the judicial process in which the debt case was found when the defendant died.
In the first instance, if the debtor leaves when the litigation is in force without a judgment, the inner most representative or executor appointed in the succession process can replace the defendant. In the event that the succession process has not yet begun, the court may wait for a representative of the estate to be appointed before proceeding with the case.
At this point, the defendant still has no obligation to pay. In fact, for that to happen, the judge must validate that the creditor’s claim and the amount are correct, regardless of whether the defendant is still alive or not.
If the creditor wins the trial or a judgment had already been issued before the death of the debtor, and only after the executor is responsible, it must be verified that the estate has sufficient assets to pay off the debt. In short, The family members are not responsible for paying the debts of the deceased; It is your inheritance that will allow you to liquidate them.
This means at the same time that the heirs will receive only what remains of the inheritance after valid creditor claims have been paid.
If the estate does not have enough money or material assets to cover all obligations, some debts may remain unpaidsince the settlement will depend on the rules established by the State as to which debts are paid first. In most cases, that is established by corruption in which creditors were the first to demand payment.
In most cases, family members are not legally responsible for the claim solely because of their relationship to the deceased, subject to state exceptions. In community property states, the surviving spouse may still be responsible for certain joint debts or obligations..
Likewise, whoever has guaranteed a loan remains legally responsible for its repayment, regardless of the death of the borrower. In these cases, creditors can seek payment directly from the surviving borrower rather than relying solely on the assets of the estate.
It is also important to note that The Fair Debt Collection Practices Act protects surviving family members from harassment or deception by creditorsmaking them believe that they are obliged to pay the debt. Collectors may have contact with the executor, administrator or other appealing representative assigned in the probate process to follow up on the case, but not to harass.
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