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Is an individual's debt rescinded when they passed away? (lemmy.world)

submitted 1 day ago* (last edited 1 day ago) by War5oldier@lemmy.world to c/asklemmy@lemmy.world

26 comments fedilink hide all child comments

The scenario is like this: boyfriend has unpaid debt (either from loansharks or the bank themselves) however he died from a terminal illness before debt collectors can get to him, but does his death automatically "erase" the unpaid debt he owes as he's gone?

The thing is, they can't pursue him as he's literally dead. The contract he signed prior to death only bares his name (meaning the debt can't be passed down to either his girlfriend or family) as he's the only signatory listed on paper (while his family are not signatories).

Debt collectors or loansharks show up to his residence only finding out from his girlfriend that he passed away (she has his death certificate to prove it), she reiterates that his debt can't be paid the "conventional" way as he's no longer alive to do that.

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[–] Zephorah@discuss.online 1 points 1 day ago

If there’s an inheritance, then the inheritance gets chipped away at until it’s either gone or the debt is paid.

Then, the beneficiary gets what’s left.

How it works if the house was his, I don’t know. Defer to an attorney. You should defer to an attorney anyway. In addition, unless you can legally claim common law wife in your state, if there’s no written, legally notarized will, in most cases the default inheritance is going to be parents or kids. Again, you should talk to an attorney.

But no, legally,, you’re not personally responsible for his hospital bills or anything like that. Send them all death certificates and then return to sender or whatever his bills until they stop.

Since loan sharks are outside the law there’s no telling what could happen there.