Dealing with a Deceased Family Member's Debts

I have been practicing law for about 18 years now, but I have noticed a sudden trend among creditors and bill collectors. I see many of them contacting the widow or adult children of a deceased debtor and trying to coax, cajole or shame them into paying the debt of their deceased family member.

Of course a child normally has no obligation to pay the debts of his parent. Of course if an adult child has co-signed with the parent, or agreed to guarantee payment to the creditor, he will be liable for payment. Furthermore, to the extent that the deceased parent's left property behind, the creditor may make a claim for payment against the estate.

However, I have seen creditors aggressively approach survivors of deceased debtors demanding money-when the surviving family members have no legal obligation to pay the debt. They send letters, and even make telephone calls asking for the surviving family members to "settle" their relative's "financial affairs".

One creditor with whom I have dealt sent a letter saying something like, "Even though you may not be legally required to pay this debt, we would like to help you settle your father's affairs".

Another such creditor sent a surviving family member a pamphlet with "helpful tips, guidance, and support" for grieving family members. Of course, the pamphlet directed the family members to pay the debts like the one owed to the creditor who sent it.

Some creditors even make numerous harassing telephone calls to the surviving family members, even after they have been told that the surviving family members have no obligation to pay the debt.

If you have recently lost a family member and his creditors are attempting to make you pay the debt, here's what you should do:

-Give the creditor the name, address and telephone number of the attorney who is handling the estate in court. If there is no attorney, give the name and telephone number of the person who was appointed Administrator or Executor of the Estate.
-If your relative died with no assets, and no probate proceedings were ever initiated, tell that to the creditor.
-If the creditor persists, or if you are in doubt, contact an attorney.

Just the circumstance of being the child of the debtor does not in itself result in a child having responsibility to pay the debts of the father. Likewise, a loan or credit card in the name of one spouse alone is not normally enforceable against the other spouse. Be aware that creditors may be trying to convince you to pay debts for which you are not liable. Don't pay debts that are not your own, and if you need any advice, call an attorney.