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What happens to your loans if you pass away?

Started by Edward Castillo · · 👁 8 views · 112 replies

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gentlenomad43 gentlenomad43 Newcomer
2 messages
joined Apr 2013
#101 ·
Honestly, I have no clue when I’ll ever be able to sell this inherited land. Like one guy on here mentioned, the property is stuck in some middle-of-nowhere backwater that nobody actually wants to buy.

Our lawyer totally screwed us over, and we didn't realize it until it was way too late. We've officially cut ties with him.

So, since everyone else has already treated me like a complete idiot, I’m wondering—do I even have the right to complain to anyone? Is this just how it works? The lawyer can say whatever nonsense he wants, the notary can do the same... the bank just does its own thing, and there isn't a single soul or institution out there willing to protect me.

neondriver5 said:I realize I’m directing this at specific people, but I get it—not everyone needs to be an expert on this stuff.
Let’s look at it this way: you should have been told upfront that you had the option to decline the inheritance entirely—meaning both the assets and the liabilities.
Since you went ahead and accepted it, you’ve inherited that debt—or at least half of it, if I'm reading the situation correctly. Your mother would have inherited the other half.

Given the circumstances, you're stuck trying to figure out how to pay off a loan that wasn't even yours to begin with. As a first step, you might want to check if your father had life insurance through his Amex; many credit cards actually include that kind of coverage.
Is there any chance he had another card or perhaps a separate life insurance policy somewhere else?

If that turns up nothing... well, then you have to look at what you actually inherited. Is there any part of that estate that could be sold to cover the debt?
Alexander Kim72 Alexander Kim72 Newcomer
1 message
joined May 2013
#102 ·
I’ve got a bit of a mess on my hands and some questions... please help me out here.
So, here’s the deal: my parents are in the middle of a divorce, and both my mom and I have already moved out of the family home. Since my dad isn't exactly the most stable guy, I'm getting pretty anxious about one thing... if he were to pass away before the divorce is actually finalized, would my mom be stuck inheriting his debts? I mean, thank God this legal process is going to drag on for a while, but between the credit cards and all the other nonsense he's racked up... does she get stuck with it?
Gerald Palmer66 Gerald Palmer66 Active Member
73 messages
joined Dec 2012
#103 ·
gentlenomad43 said:Honestly, I have no clue when I’ll ever be able to sell this inherited land. Like one guy on here mentioned, the property is stuck in some middle-of-nowhere backwater that nobody actually wants to buy.

Our lawyer totally screwed us over, and we didn't realize it until it was way too late. We've officially cut ties with him.

So, since everyone else has already treated me like a complete idiot, I’m wondering—do I even have the right to complain to anyone? Is this just how it works? The lawyer can say whatever nonsense he wants, the notary can do the same... the bank just does its own thing, and there isn't a single soul or institution out there willing to protect me.

That’s pretty much how it plays out in reality.
It’s unfortunate.
Dennis Castillo3 Dennis Castillo3 Newcomer
1 message
joined May 2013
#104 ·
Hi, my father took out a small loan of about 15 $0.00 just last month. He passed away a few days ago, and I’m heading to the bank tomorrow to figure out our next steps. There is still $4000 left in his account, and I’m wondering if I can take over the loan payments myself, even though I wasn't signed on as a co-signer. Will the bank attempt to seize the funds currently in the account to settle the debt? I've been considering whether it might be wiser to withdraw everything from the account before any freeze is placed on it. He did have life insurance specifically intended to cover the loan repayment. Ultimately, I need to know how to navigate this carefully so my family and I aren't left without those funds. On top of that, he'll be receiving one final Social Security check, which will increase the balance further. We have already initiated the probate process and reported the death at the local county office
.
Tyler Lee13 Tyler Lee13 Newcomer
2 messages
joined Mar 2014
#105 ·
Hey everyone. I’ve run into a bit of a situation and was hoping someone might be able to weigh in...
My father used to own some property, but he transferred everything over via a gift deed before he passed away. Shortly after that, he took out a loan—one he never got the chance to pay back because he died. Now I'm wondering if the bank actually has the right to come after that specific property to settle his debt, even though it's officially been transferred into my mother's and my names? The thing is—when he originally signed for the loan, he didn't technically own those assets anymore, and it wasn't a secured loan, nor did anyone co-sign for him. Since there wasn't any property left in his name, we haven't gone through formal probate proceedings... you can't really open an estate when there's nothing to distribute. We can't exactly walk into the bank with an estate settlement document if one doesn't exist. But the bank told my mom they intend to claim that same property to cover the unpaid balance once she passes away...
neondriver5 neondriver5 Active Member
116 messages
joined May 2017
#106 ·
Hold on a second. The father distributed his assets via gifts BEFORE he passed away. It sounds to me like everyone already carved out their own little pieces of the pie back then, doesn't it? Now the man is passing, and there’s nothing left in his name—nothing but the pursuit of that one credit line.
Theoretically, you could try spinning a yarn about there being no inheritance at all, but just a word of advice: don't go mentioning those prior gift agreements ever again.
Tyler Lee13 Tyler Lee13 Newcomer
2 messages
joined Mar 2014
#107 ·
Thanks for getting back to me. 🙂
We haven't actually updated the deed to reflect our names yet—the parcel remains listed exactly as it was when he was still alive. In the county records, the property is still officially under my father's name; we’ve only technically inherited the estate through the probate filings. It’s possible my mother made a mistake when she took the gift deed over to the bank... maybe she missed a step?
Paul James5 Paul James5 Newcomer
1 message
joined Jun 2015
#108 ·
My wife took out a loan from a payday lender to help her mother, who was running a small business at the time; since my wife was technically listed as a part-time employee for her mom’s shop back then, she didn't actually pocket any of the cash, she was just trying to be there for her family. Fast forward to now, the business went under, the payments stopped, and now the lender is coming after my wife in court. She’s currently blacklisted from getting credit, isn't working, has zero income, and we're living with my parents because she doesn't own a single thing to her name.

Is there any actual chance a judge would order me, as her husband, to pay off this debt using my own paycheck?
swiftowl7 swiftowl7 Member
46 messages
joined Dec 2017
#109 ·
We recently had a death in the family, and things have gotten a little complicated regarding the estate. The deceased had transferred most of his assets through a life estate agreement, and right now, his bank account shows a balance of negative -$$4.00.

There are two or three heirs—his sons and his spouse—but they aren’t interested in touching this remaining part of the estate because, frankly, they’re struggling financially themselves.

Has anyone here ever dealt with a situation like this? I'm wondering what happens to the debt if everyone officially renounces their inheritance, especially since there isn't any significant property left to cover the deficit.

Best regards,
ps: feel free to shoot me a DM if you know something about this..
James Rogers53 James Rogers53 Active Member
65 messages
joined Jul 2010
#110 ·
If you renounce an inheritance, you’re also walking away from any associated debts—it works both ways. If there's no estate left and no heirs to chase, the bank just takes the loss and writes it off.

Also, just a heads up—property tied to a life estate agreement doesn't count as part of the inheritance.
Matthew Cook2 Matthew Cook2 Newcomer
1 message
joined Aug 2018
#111 ·
I have a question. A husband and wife both passed away, leaving two minor children behind. Since all debts go into the estate, and creditors can't collect from minors, do their legal guardians end up inheriting those debts in their name?
Drew Peterson3 Drew Peterson3 Member
19 messages
joined Sep 2016
#112 ·
Matthew Cook2 said:I have a question. A husband and wife both passed away, leaving two minor children behind. Since all debts go into the estate, and creditors can't collect from minors, do their legal guardians end up inheriting those debts in their name?

No, the kids technically inherit it. They'll start paying it off once they have their own income, but a creditor could jump in earlier and file a claim against any real estate or property left in the estate. Just remember, heirs are only liable for the debt up to the actual value of what they inherited.
Ronald Sanchez14 Ronald Sanchez14 Member
22 messages
joined May 2021
#113 ·
Co-signer passed away. Does their heir inherit the debt obligation too?

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