After a loss
When debt collectors call after a death
What they can ask for, and what family members usually don't owe.
Collectors often contact family soon after a death. Some calls are legitimate. Some are pressure tactics, and some are scams.
Who usually owes the debt
Debts are generally paid from the person's estate, meaning what they left behind. Family members usually aren't personally responsible unless they co-signed, held the account jointly or, in some cases, live in a community property state, where most things a married couple gets during the marriage belong to both. State rules vary.
What collectors are allowed to do
The Consumer Financial Protection Bureau says collectors may contact the executor or administrator of the estate about the debt. That's the person handling the estate, named in the will or appointed by a court. They may contact other relatives only to find out who that is.
- They can't say or suggest a family member has to pay from their own money if that isn't true.
- They have to stop contacting someone who asks them in writing to stop, though the debt itself doesn't go away.
- They have to send written information about the debt if asked.
What families often do
- Ask for the request in writing, and pass it to the executor
- Avoid paying from personal funds or agreeing on the phone to pay
- Check whether the account was joint or co-signed before assuming anything
- Report calls that seem fake to the FTC at ReportFraud.ftc.gov
A common phrase people use: "I'm not the executor. Please send anything about this account in writing."
