Q&A: What happens to debts after death?

Dear Liz: When a person passes away, what happens to their debt obligations? A brother has been diagnosed with terminal cancer, and my husband is listed as the beneficiary. His residence is paid off but has monthly homeowners association fees and property taxes that we would expect to pay. However, he has had low income for years, so he also has substantial credit-card debt, a line of credit with a large outstanding balance and some other debts. He refuses to share pertinent details (such as account numbers) so that we can address these issues when he dies. It’s clear that he will not be able to address them. Any advice?

Answer: Your brother-in-law’s creditors typically will file claims against his estate after he dies. Those bills are paid before what’s left, if anything, can be distributed to his heirs. If his home equity and other assets aren’t sufficient to pay his debts, however, those heirs won’t be on the hook. The creditors will take what they can get and write off the unpaid balance.

You say your husband is “listed” as the beneficiary, but you don’t say where. If his brother doesn’t have a will or living trust, he should be encouraged to visit an estate-planning attorney as soon as possible. He should also have powers of attorney drafted that name the people he wants to make healthcare and financial decisions for him should he become incapacitated.

In the meantime, stop bugging the poor man for his account numbers. There’s no need for you to have that information while he’s still alive and able to handle his own affairs.

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