Debt After Death: Protecting Your Estate and Heirs for Pre-Retirees and Retirees

When it comes to our inevitable death, chances are, we’re all going to have at least a little bit of debt. Examples include common everyday bills such as rent and utilities, all the way to extraordinary bills you might receive after a multi-day hospital stay. For some families, the discovery is much worse. The person could have been hiding a gambling problem — or even an enormous credit card balance. According to Debt.org, “73% of Americans are likely to die with debt.” (1)

As we all know, creditors are entitled to pay these debts, regardless of whether someone passes. However, some situations are easier to navigate than others. For example, when it comes to mortgages, the person has to pay monthly bills to cover the debt, or else they have to sell the property. Credit card debt and student loans get a bit trickier. If you’re concerned about incurring debt after a family member’s death or worried about how their debt will impact their heirs, here are some things you should know.

Estate Planning: An Overview

Regardless of their value, your assets become your estate once you pass. The dividing up of debt and responsibility after your death is called probate. The length of time creditors have to make a claim against the estate is going to depend on where you live. It can range anywhere from three months to nine months. Therefore, you should get familiar with your state’s estate laws so you’re well aware of which rules apply to you.

Debt After Death: What You Should Know

1. Your money is partially protected.

If you or your loved one has completed a beneficiary form for each account — such as your life insurance policy and 401(k) — unsecured creditors typically cannot collect any money. However, if beneficiaries were not determined before the death, the funds would then go to the estate, which creditors could go after. (2)

2. What you’ve signed is important.

Even if you did not contribute to a credit card balance, if you signed a joint application for the card, you are liable to repay that balance if your family member passes. This is not to be confused with being an authorized user, which has different rules. Depending on the state you live in, you may not have to pay that balance. If the estate is broke and the credit card owner passes, make sure to avoid using the credit card as it could be viewed as fraud, making the situation even more complicated.

3. Marriage matters.

If your spouse passes, you’re legally required to pay any joint tax owed to the state and federal government. In certain states, you must abide by community property laws that make you — the surviving spouse — in charge of paying off any debt your partner acquired while you were married. However, in other states, you may only be responsible for a select amount of debt, such as medical bills.

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1. https://www.debt.org/blog/people-are-dying-in-debt/

2. https://www.debt.org/advice/deceased-relatives/

This content is developed from sources believed to be providing accurate information, and provided by Life Strategy Partners. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security.