As a rule, family members typically are not obligated to pay the debts of a deceased relative. If a debt collector is demanding that you pay for your family member’s bills, they may be in violation of the Fair Debt Collection Practices Act (FDCPA), which is both a federal and a state law, which prohibits debt collectors from using abusive, unfair, or deceptive practices to try to collect a debt.  A debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

Does a debt go away when the debtor dies? 

No. The estate of the deceased person owes the debt. If there is not enough money in the estate to cover the debt, it goes unpaid. However, you may be responsible for the debt if you co-signed on the debt.

Whom may a debt collector talk to about a deceased person's debt?  

Under the FDCPA, collectors can contact and discuss the deceased person's debts with that person's spouse, parent(s) (if the deceased was a minor child), guardian, executor, or an administrator. Debt collectors may not discuss the debts of deceased persons with anyone else.

If a debt collector contacts a deceased person's relative, what can they talk about?  

Collectors are allowed to contact third parties (such as a relative) to get the name, address, and telephone number of the deceased person's spouse, executor, administrator, or other person authorized to pay the deceased's debts. Collectors usually are permitted to contact such third parties only once to get this information unless a debt collector reasonably believes that the information provided initially was inaccurate or incomplete.

How can I stop a debt collector from contacting me about the relative’s debt?  

You must send a letter to the debt collector stating that you do not want the collector to contact you again. Make a copy of your letter for your files, send the original by certified mail, and pay for a "return receipt" so you can document what the collector received and when. Once the collector gets your letter, he cannot contact you again except to confirm that there will be no further contact or that he or the creditor plans to take a specific action, like filing a lawsuit to collect the debt.  

AUTHOR: CECILLE DOAN, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES