Grieving over a dead loved one is already a difficult ordeal. The last thing that you need is the added stress of hearing from a creditor about their unpaid debts. If you find yourself in this situation, it is vital to understand your rights and obligations.
You may not be personally responsible for their debts, and there are legal protections in Maryland to shield you from aggressive collection tactics. Being careful about your response can save you from unnecessary financial burden and legal complications.
Determine personal liability first
When a creditor contacts you about a deceased loved one’s death, it is crucial to avoid making any payments. Paying that debt can be interpreted that you are acknowledging it, potentially making you personally liable.
In Maryland, you are generally only responsible for a loved one’s debt if you co-signed for the loan or credit line or were a joint account holder. If you are the surviving spouse, you are generally not responsible for the debt unless it was shared between you during your marriage.
Direct creditors to the estate
After your loved one passes, their estate can pay for their remaining debt. If the decedent’s assets are going through a probate, you can pass contact details of the executor and the estate’s case number to the creditor.
Request the debt details in writing
If you are unsure of the debt’s legitimacy, you can demand a debt validation letter from the collection agent. By law, they must provide you with written proof of the debt, the amount owed and the name of the original creditor.
Exercise your right to silence
Under the federal Fair Debt Collection Practices Act (FDCPA), you have the right to tell a collector to stop contacting you. Once you notify them in writing that you no longer want them to get in touch with you, they must cease communicating with you.
Additionally, the Maryland Consumer Debt Collection Act (MCDCA) provides additional protections against intimidation and threats. If a collector threatens to sue you personally for a debt you do not owe, they may be violating state laws.
Safeguarding you from harassment
Dealing with unfair debt collection tactics after a family member’s passing is a burden you do not have to carry alone. You should not have to use your own inheritance or savings to settle dues that are not yours. Seeking legal guidance can help you protect your loved one’s assets and your own financial well-being.