In my years as a New York probate attorney, I’ve seen an alarming trend: scammers targeting grieving families with fake debt collection calls. These predators scan obituaries and public records, then approach family members claiming the deceased owed them money.
Today, I want to warn you about these schemes and explain how debt really works after someone passes away.
How These Scams Usually Work
The phone rings. The caller claims to be from a credit card company, lending institution, or collection agency. They express condolences for your loss, then quickly pivot to discussing a supposed debt owed by your loved one. They often pressure you to pay immediately, claiming you’re personally responsible or threatening legal action if you don’t comply.
Know Your Rights: The Truth About Debts After Death
Here’s what these scammers don’t want you to know: when someone passes away, their debts become the responsibility of their estate, not their family members. You are not personally responsible for paying your loved one’s debts unless you:
- Were a co-signer on the debt
- Are the surviving spouse in certain states
- Had a joint account with the deceased
How Debt Actually Works in Probate
Legitimate debts are handled through a specific process:
- The estate’s executor or administrator is responsible for paying valid debts
- Debts are paid from estate assets, not personal funds
- If the estate doesn’t have enough money, some debts may go unpaid
- Creditors must file formal claims within the time allowed by law
Protecting Yourself from Scammers
If someone contacts you about a supposed debt:
- Never provide personal or financial information
- Ask for written verification of the debt
- Don’t make any payments without consulting a probate attorney
- Keep detailed records of all communications
- Report suspicious calls to the FTC and your state’s attorney general
Remember, many unexpected issues can arise as you deal with your loved one’s estate. Please know that our firm is here to guide you through the administrative process so you can stay on track, move through it as quickly as possible, and avoid the crosshairs of scammers.
📞 Schedule a confidential consultation today. Be sure to mention this article during your consultation so we can focus on your specific concerns and guide you with personalized advice.
This article is a service of Miller & Miller Law Group. We do not just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love.
