Plymouth MN Estate Planning Blog

Monday, December 7, 2015

Can an Individual be held responsible for his or her deceased loved one's debts?

When a loved one dies, an already difficult experience can be made much more stressful if that loved one held a significant amount of debt. Fortunately, the law addresses how an individual’s debts can be paid after he or she is deceased.

When a person dies, his or her assets are gathered into an estate. Some assets are not included in this process. Assets owned jointly between the deceased and another person pass directly to the other person automatically. If there are liens on the property at that time, they will stay on the property, but no new liens can be placed on the property for debts in the name of the deceased. Similarly, debt jointly in the name of the deceased and another party may continue to be collected from the other party. In community property states, all assets and debts are the joint property of both spouses and pass automatically from one to the other. The community property states are Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. 

From the pool of assets in the estate, an executor is required to pay all just debts. This means that, before a beneficiary may receive anything, all debts must be satisfied. Property might be sold to create liquidity in order to accomplish this. If there are more debts than there are assets, the estate must sell of as many assets as possible to pay off the creditors. If there is no money in the estate, the creditor can not collect anything. Rather than force people into this tiresome process, many creditors will agree to discharge a debt upon receipt of a copy of a death certificate or obituary. This is particularly true of small, unsecured debts. Life insurance proceeds were never owned by the decedent and should pass to a beneficiary without consequence to the estate. Proceeds of a retirement account may also be exempt from debts.

If creditors continue harassing the beneficiaries of debtors, they may be violating federal regulations under the FDCPA. They can be held accountable by their actions, either by the FTC, the state attorney general, or a private consumer law attorney.


Archived Posts

2017
2016
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
November
October
September
August
July
June
May
April
March
February
January


StoneLAW, PLLC is a boutique law firm that assists clients in Minneapolis, Saint Paul and throughtout the Twin Cities region including Osseo, Hamel, Wayzala, Long Lake, Hopkins and Loretto in Hennepin County, Wright County and Ramsey County.



© 2024 StoneLaw, PLLC
3340B Annapolis Lane N., Plymouth, MN 55447
| Phone: 763-231-7884

Asset Protection | Business Succession Planning | Cabin Trusts | Elder Law / Medicaid Planning | Estate Planning | Estate Planning for High Net Worth Individuals | Guardianships | Planning for Children | Probate & Estate Administration | Special Needs Planning | Trust Administration | Additional Services

Facebook

-
-