Debt Harassment

Responsibility for a Deceased Family Members Debt

According to the Federal Trade Commission, surviving relatives are not responsible for paying debts of family members who have passed away. Surviving relatives are protected by the Fair Debt Collection Practices Act (FDCPA), a law which prohibits debt collectors from using abusive or deceptive practices to collect debts. 

According to the FDCPA, a debt collector is an individual who regularly collects debts owed to others. Lawyers who regularly collect debts, collection agencies and businesses that purchase delinquent debts and try to collect them are considered debt collectors. If you are paying a deceased relative’s debt, fill out our free case review form to have your claim evaluated by a debt harassment attorney. 

The following provides answers to the most commonly asked questions regarding responsibility for paying a deceased relative’s debt. 

Who is legally obligated to pay the debt of a relative who has passed away? 

Typically, the individual’s estate is responsible for the debt. However, if the estate cannot cover the debts, they will go unpaid. 

Are surviving relatives responsible for paying the debts of a deceased relative? 

In most states, surviving relatives are not responsible for the debts of a deceased relative who was not their spouse. However, a spouse’s obligation to pay may still be limited under state law. To find out whether you are responsible for your spouse’s debt, contact a debt collection attorney. 

What should I do if I’ve been contacted by a debt collector attempting to collect a debt of a relative who has died? 

Provide the debt collector with the contact information of the deceased’s personal representative, who is responsible for settling their affairs, including paying any outstanding debts. If there is a will, the personal representative is the executor. If a will does not exist, the personal representative is the administrator. 

Do I have to speak with a debt collector about a deceased relative’s debt? 

No. However, if you are the deceased relative’s personal representative or otherwise legally obligated to pay the debt, you should speak with the debt collector to find a way to resolve the matter. 

Can I stop a debt collector from contacting me about the debts of a deceased family member? 

Yes. To stop the debt collector from contacting you, write them a letter saying so. Then, photocopy the letter, send the original copy via certified mail and pay for a return receipt so you can have documentation that the debt collector received the letter. After the debt collector has received the letter, they cannot contact you unless they are calling to say there will be no further contact or to inform you of a specific action, such as the filing of a lawsuit. However, even though the debt collector cannot contact you, they can still sue the estate of your relative or the person legally obligated to collect the debt. 

Can debt collectors inform others about my deceased relative’s debt? 

Generally, other than to obtain the personal representative’s location, a debt collector cannot disclose your family member’s debt to anyone other than the decedent’s spouse, guardian or parent (if the relative is a minor). 

Resources on Debt Collection of the Deceased

FTC Statement of Policy Regarding Communications in Connection with Deceased Debt Collection

Comments on FTC Deceased Debt Collection Policy Statement

Current Lawsuits Against "Deceased Collectors"

Long vs. FIA Card Services and West Asset Management:

Complaint

Motion to Amend for Punitive Damages

Smith, Patricia vs. DCM Services, Inc:

Amended Complaint

Cuneo, Betty vs. Chase Bank USA and Phillips & Cohen Associates, Ltd.:

Motion to Amend for Punitive Damages

Second Amended Complaint