Is an individual's unpaid debt rescinded when they passed?

https://lemmy.world/post/44509973

Is an individual's debt rescinded when they passed away? - Lemmy.World

The scenario is like this: boyfriend has unpaid debt (either from loansharks or the bank themselves) however he died from a terminal illness before debt collectors can get to him, but does his death automatically “erase” the unpaid debt he owes as he’s gone? The thing is, they can’t pursue him as he’s literally dead. The contract he signed prior to death only bares his name (meaning the debt can’t be passed down to either his girlfriend or family) as he’s the only signatory listed on paper (while his family are not signatories). Debt collectors or loansharks show up to his residence only finding out from his girlfriend that he passed away (she has his death certificate to prove it), she reiterates that his debt can’t be paid the “conventional” way as he’s no longer alive to do that.

In the US, debts of the deceased are paid out of the estate. If there isn’t enough money in the estate, the debts just go unpaid—descendants or other survivors are not responsible.

In your scenario, assuming he owned the residence, it would be sold and the debts repaid from the proceeds; likewise with any other assets he left behind.

Exactly. When my wife passed away the only thing we owned were personal items and one vehicle.

The collectors were sending demand letters for an estate of which there was none. Eventually I quit opening the letters and carried a marker with me to the mailbox. When something was sent to the estate of the address was blacked out, they had “return to sender - no estate” put on the front, and they were put in the outbox. After a few months they stopped coming.

If someone was coming to the door (didn’t happen in my case) I would simply have a page written up to hand them that states the person they are looking for is deceased and if they didn’t own anything that there was no estate. It would go on to say that they personally, along with any person’s they work with or for, as well as any subsequent agents are trespassed. If they contact you for the matter again law enforcement will be contacted. It would be handed to them and a picture of them would be taken after which the door would be closed.

The only way a family member can be held liable for a debt is if they have cosigned the debt.

I find myself thinking about this more and more as I get closer to retirement. I’m hoping that I get enough sufficient notice of my own death that I have time to close my checking/savings accounts, help liquidate any property I have that my kids don’t want, and convert as much as possible to cash. I intend to tell my family that any debt collectors that come knocking are to be told, in no uncertain terms, to fuck all the way off.
Same. I don’t own much anyway. The only thing that I am working on that will have any value will be classified as a 501c3.