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“What happens to credit card debt when you die?” is a more nuanced question than you might expect. If a person passes away before they can repay their credit card debt, creditors can receive the payments they’re owed in several ways. Creditors may contact the deceased’s estate and request that assets be used to pay off outstanding balances. If a deceased individual doesn’t have an estate, a probate court can step in to resolve things.
Below, we’ll break down some of the facts and myths surrounding this question, discuss what creditors can and can’t do to retrieve missing funds and explain how Lexington Law Firm can help answer your debt settlement questions.
Key takeaways:
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“Can you inherit debt?” is a common question that someone might ask if a parent or loved one recently passed on. In most instances, your parent’s credit card debt can’t be transferred to you even if that debt is outstanding. However, five specific scenarios can act as exceptions:
If an individual who doesn’t have an estate passes away with outstanding debt, the creditor will likely write off the debt as a loss. More specifically, the creditor will declare that the debt is uncollectible and file for a write-off with the appropriate legal authorities.
A statute of limitations refers to the maximum amount of time where legal action can be taken against an individual. If court proceedings aren’t initiated within that time frame, it is impossible to try and initiate them afterward.
When considering the statute of limitations on debt collection by state, the rules varies nationwide and you should review the law in your state. In some states, the statute of limitations for oral agreements is two years, while the open accounts, promissory notes and written contracts have a limitation period of four years. In other states, the written contract for open accounts can be up to 6 years. This means the law prevents debtors from taking legal action against you after these time frames.
In most instances, creditors are not legally permitted to seek payments from your beneficiaries. The Federal Trade Commission (FTC) established the Fair Debt Collection Practices Act (FDCPA) in 1977 to help protect people from aggressive collection tactics.
As mentioned previously, creditors have the right to request payments from beneficiaries under very specific circumstances. Furthermore, creditors aren’t legally permitted to harass you or your beneficiaries, nor can they threaten to have the authorities arrest you. If calls and letters become too frequent, you also have the right to cease communication with a collection agency under the FDCPA.
Creditors can attempt to seize the deceased’s assets if money is owed, but certain assets are protected by laws based on the area where the deceased previously resided. Some assets that are protected from creditors include:
Debt can be challenging to tackle without an effective strategy. Lexington Law Firm can help you find debt relief tailored to your unique situation and share resources to bolster your financial knowledge.
Learn more about our services, including creditor interventions and a junk mail reducer—both useful tools when collection agencies contact you too frequently.
Note: Articles have only been reviewed by the indicated attorney, not written by them. The information provided on this website does not, and is not intended to, act as legal, financial or credit advice; instead, it is for general informational purposes only. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client or fiduciary relationship between the reader, user, or browser and website owner, authors, reviewers, contributors, contributing firms, or their respective agents or employers.
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