Can Creditors Come After a Son After the Death of His Mother?

The sole purpose of many creditors and collection agencies are to try and recuperate late payments or losses. In the event of a death, creditors may try to hold the surviving children of the deceased responsible for the debts owed by parents. Depending on the type of account and originating loan, some creditors may be accurate in trying to collect from other parties. However, there are instances where the children of the creditors are not liable or responsible, for this debt.

Obtaining Debt

A debt is solely assigned to the person who has applied for and received the line of credit, utility or consumer loan. If a mother signs for a loan or service on her own, then the debt belongs to her alone. This debt cannot be passed down to a son once the mother passes away. If the son, however, is a cosigner of the debt, service or loan, then the debt is shared between both parties. When one party passes away, such as the mother, then the son is still liable for the debt.

Authorized Users

If the mother obtains a line of credit, such as a credit card, on her own and designates her son as an authorized user, the son is not liable for the debt after she passes away. As long as he did not fill out the original application or become a cosigner, he cannot be liable for the debt.

Inheritance

Determine whether you are liable before paying a bill.

If property, money or other valuable assets are left once the mother passes away, the past due service, loan or other debt must be paid before the son may inherit these assets. If there is nothing of value left, the debt will remain unpaid without responsibility from the son. If there is little estate, it is liquidated to pay a partial amount of the balance and the creditors will not receive payment for the rest. Probate court is set up to handle the estate and designate the inheritance to the creditors and then the beneficiary.

Collection Agencies

Some collection agencies and service providers still attempt to collect the debt from a son though he is not responsible to pay it. Before sending a payment, review the account to confirm you are not a cosigner or applicant on the line of credit, service or loan. Refuse to pay the debt once you have received the documents and find that you are not responsible for it. Send a death certificate to the creditor to prove the applicant and credit holder is deceased and attempt to close the account. If the creditors persist, ask for additional documentation showing where they believe you are liable for this debt.

Contacting an Attorney

Speak with an attorney concerning debt if you feel you are not responsible for it. Gather the documents from the creditors along with information about the accounts, the balances and the purposes of the line of credit, services or loans. Present them to your lawyer for him to determine whether you owe the debt and how to stop the creditors from harassing you.