CheckEmoji Community · the emoji forum
🏠 Home 🆕 What's new ❓ Unanswered 🔥 Popular 📡 RSS Members 👥 0 online log in · register
Home › Society › Economy › Banking, Insurance & Loans › What happens to your loans if you pass away?

What happens to your loans if you pass away?

Started by Edward Castillo · · 👁 4 views · 112 replies

📡 Subscribe to replies

Participants Edward CastilloDavid Gray6Kimberly NguyenKevin Lopez12Jose Miller3darkmaker94James Cox6Eric Rodriguez31granitecanyon2Roger Gomez38Sarah Sanchez52Amanda Gomez47Steven Reedbrisktinker15Robin Wright27David Scott9Paul Williams9lonetiger52Richard Hernandez11shadowtrucker24Rachel Ward11Charles Ramos7Frank Baker79Arthur Morgan3 …
Edward Castillo Edward Castillo NewcomerOP
2 messages
joined Oct 2007
#1 ·
So, I went ahead and grabbed some unsecured loans—no co-signers, no collateral, no mortgage tied up, nothing. They basically just collect via wage garnishment if things go south. But here’s the thing: what happens if I suddenly kick the bucket? How does the bank plan on getting their money back then? Am I leaving my husband or my kids holding the bag for these debts, or are they off the hook?
David Gray6 David Gray6 Newcomer
9 messages
joined Jul 2007
#2 ·
Did you go with whole life or just term insurance?
If not, they're basically going to be clawing back that loan
Edward Castillo Edward Castillo NewcomerOP
2 messages
joined Oct 2007
#3 ·
Nobody even bothered to ask me, and when I finally cornered someone at Chase to get an answer, they just stared at me blankly. Total dead end. Anyway, thanks for the input, I guess. Maybe this is one of those "call a lawyer" situations after all.
Kimberly Nguyen Kimberly Nguyen Regular
543 messages
joined Jul 2009
#4 ·
Whoever ends up inheriting your estate isn't just getting the house and the car; they’re also taking on every single cent of your debt tied to those assets...

If you actually want to offload that burden and stop worrying about it, you should look into setting up a trust or some kind of legal loophole to mitigate the risk
David Gray6 David Gray6 Newcomer
9 messages
joined Jul 2007
#5 ·
Honestly, they should just set up a life insurance policy where the payout covers the mortgage entirely... that way the family gets the cash, but the bank doesn't get a dime from the risk coverage.
Kimberly Nguyen Kimberly Nguyen Regular
543 messages
joined Jul 2009
#6 ·
Hold on a second, though—how much am I actually supposed to be dumping into life insurance compared to the sheer level of risk involved here?
David Gray6 David Gray6 Newcomer
9 messages
joined Jul 2007
#7 ·
The reality is you’ll probably lose less in the long run, except you won't actually see that cash. With life insurance, though, you get the payout plus the gains
Kimberly Nguyen Kimberly Nguyen Regular
543 messages
joined Jul 2009
#8 ·
I have absolutely zero interest in getting sidetracked by side conversations that have nothing to do with what we're actually talking about here
I already laid out my suggestion
The actual topic is right here
So, there you go, take it or leave it
Kevin Lopez12 Kevin Lopez12 Newcomer
5 messages
joined Apr 2008
#9 ·
What are the legal implications when a borrower—someone who didn't provide any collateral or co-signers—passes away?
Jose Miller3 Jose Miller3 Regular
446 messages
joined Mar 2024
#10 ·
Basically, debts get passed down, but only up to the total value of the estate. So, if what you inherit from the deceased is worth more than whatever they owed the bank, the heirs are the ones responsible for settling that loan...

ps: chill out, we can hear you just fine 😉
Kevin Lopez12 Kevin Lopez12 Newcomer
5 messages
joined Apr 2008
#11 ·
And what happens if there isn't any ownership involved at all?
Jose Miller3 Jose Miller3 Regular
446 messages
joined Mar 2024
#12 ·
and then you're looking at a situation where the debt actually outweighs the assets, so there's nothing left to inherit anyway...
Kevin Lopez12 Kevin Lopez12 Newcomer
5 messages
joined Apr 2008
#13 ·
Let’s get one thing straight—I am not looking for an argument. A deceased individual had two credits worth $20000; there is no will, no probate, and absolutely nothing held in his own name. He was only 30 years old. My question is this: do banks somehow attempt to collect these debts from the surviving relatives—and if so, by what mechanism—or is the balance simply written off?
darkmaker94 darkmaker94 Regular
417 messages
joined Aug 2011
#14 ·
Jose Miller3 said:and then you're looking at a situation where the debt actually outweighs the assets, so there's nothing left to inherit anyway...

Hold up, walk me through that.

Say my uncle passes away and he had a mortgage on a condo worth $80,000. Let’s say he fell behind on payments and now the total debt is sitting at $90,000. He leaves the place to me. What happens then? Does the bank just take the condo AND I have to come up with the extra $10,000 out of pocket, or do they just take the property and call it even?
James Cox6 James Cox6 Active Member
150 messages
joined Mar 2009
#15 ·
Kevin Lopez12 said:Let’s get one thing straight—I am not looking for an argument. A deceased individual had two credits worth $20000; there is no will, no probate, and absolutely nothing held in his own name. He was only 30 years old. My question is this: do banks somehow attempt to collect these debts from the surviving relatives—and if so, by what mechanism—or is the balance simply written off?


If there's no will—then it goes by state law. Simple as that.
If there’s no estate—no house, no cars, no pension—then there’s nothing to inherit. Period. There's nothing there.
His obligation is void.

Don't bother counting on his family—his parents and sister—because they didn't inherit a dime.

An heir is only liable for the deceased's debts if they actually inherit anything—and even then, only up to the total value of the estate.

No assets—no heirs—the debt dies.

The obligation exists—but it’s evolving into something more like a natural responsibility.
darkmaker94 darkmaker94 Regular
417 messages
joined Aug 2011
#16 ·
@James Cox6: Can you answer a hypothetical for me? Just curious.
Jose Miller3 Jose Miller3 Regular
446 messages
joined Mar 2024
#17 ·
darkmaker94, you already got your answer.

DEBT ONLY GOES AS FAR AS THE TOTAL VALUE OF THE ESTATE. so, in your hypothetical scenario, once the probate process wraps up, the bank gets the house and that’s the end of it...
Kevin Lopez12 Kevin Lopez12 Newcomer
5 messages
joined Apr 2008
#18 ·
Look, people simply cannot find housing—it’s a total crisis $20000, which is obviously due to the fact that everything has been completely depleted
Kevin Lopez12 Kevin Lopez12 Newcomer
5 messages
joined Apr 2008
#19 ·
Kevin Lopez12: thanks
James Cox6 James Cox6 Active Member
150 messages
joined Mar 2009
#20 ·
Kevin Lopez12 said:Kevin Lopez12: thanks

But banks aren't stupid—they’ll just come after the heirs to collect. If there's money there, they'll take it.
Are you absolutely certain the deceased didn't leave anything behind???

Not even a pension or a car?

You must log in or register to reply here.

Log in Register

🔗 Similar threads