Full question:
My step-father passed away without leaving anything to my mother. Debt collectors have been calling her requesting that she pay her late husband's credit card debt. Does his debt become her debt upon his death? If not, what should she tell the debt collectors?
- Category: Wills and Estates
- Date:
- State: Virginia
Answer:
When a person dies, their debts are settled using their estate's assets. Generally, children do not inherit their parent's debts unless they co-signed the debt or are otherwise legally responsible. In most cases, a spouse is only liable for the deceased's separate debts if they live in a community property state. State laws vary regarding a spouse's responsibility for debts based on when the debt was incurred and its purpose.
Debts must be paid before any remaining assets are distributed to beneficiaries. If your step-father had little or no assets and only unsecured debt, like credit card debt, there may be no funds to pay those creditors. In such cases, your mother is not liable for his debts.
When speaking to debt collectors, your mother can inform them that your step-father's estate has no assets to cover the debts, and thus, she is not responsible for paying them.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.