Debt Collectors Target Family Members of Deceased
Without regard to whether family members are legally obligated to pay the debts of their deceased loved ones, credit card companies and debt collectors are targeting those family members to satisfy outstanding balances. Generally, unless a family member is a joint owner or guarantor of a deceased person’s debt, family members are not individually responsible for those debts. Debt collectors hope, however, that the majority of family members they contact will be ignorant about their obligations to the deceased’s creditors. In fact, a creditor’s ability to recoup funds to satisfy a deceased person’s debt is limited to those assets titled in the deceased person’s name at the time of death. If the deceased person died without assets, the debt collectors are out of luck and most likely cannot legally collect from next of kin. Family members would therefore be well-served to challenge any debt collectors looking to collect on a deceased person’s debts and demand written proof of another obligor on the account aside from the deceased. If the deceased died with assets, it is particularly advisable to consult with an attorney, preferably one well-versed in probate matters, to properly determine how a deceased’s debts should be handled.
To read more information about debt collectors targeting family member of the deceased, please visit this New York Times article: New York Times
Julie Pfitzenmaier
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