Legal Question in Credit and Debt Law in Indiana

post death responsibility

My 21 year old daughter died in May. She lived on her own. She had no assets, estate or life insurance. She did however incur medical and credit card debt. Since she lived on her own do we as parents have any responsibilty to pay her debts? What is the best way to inform those attempting to collect?


Asked on 7/10/09, 10:50 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: post death responsibility

I am sorry for the death of your daughter. Unless you cosigned on any of the credit cards or other debts, you are not reponsible to pay them. If you ever receive calls or letters demanding payment, make sure they know your daughter has died; you might make copies of the death certificate. And be prepared for unconscionable rudeness. Debt collectors frequently tell lies, and one of their favorite lies in this situation is that you as heirs to your daughter's estate are responsible for her debts. That is untrue. If you want to test the lying debt collectors, then ask them to send you a copy of that assertion in a letter. That will never happen, because the lying debt collectors know that you would then have compelling evidence of their shenanigans, and you could sue their pants off under the Fair Debt Collection Practices Act. By the way, you are entitled to tell them to never call you again, and follow this verbal instruction with a written letter. Good luck.

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Answered on 7/10/09, 2:39 pm


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