Am I responsible for paying the parent student loans if my wife passed away? 9 Answers as of September 27, 2011
My wife passed away this week. She had several parent student plus loans from Sallie Mae for our two sons. My name isn't on the loans. Am I or my sons responsible for paying off the parent student loans? All of the loans were in her name.Free Case Evaluation by a Local Lawyer!
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Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
I would say yes, qualified. In general, spouses are mutually responsible for debts of the household and the education of the children. If you are probating your wife's estate, these loans would be claims against the estate, and the lenders should get notice. If no probate, you might want to see a lawyer experienced in debtor-creditor law.
Answer Applies to: Oregon
Replied: 9/27/2011
Goldsmith & Guymon | Dara Goldsmith
First it depends upon what the loan agreement says. I do not know who signed the loan or what the terms are. Second, your wife's assets could probably be liable, again depending upon the terms of the agreement. You need to obtain a copy of the agreement, review it, and determine if you need to meet with an attorney to address your wife's estate liability and the potential liability of anyone else. The loan agreement may clearly answer your question.
Answer Applies to: Nevada
Replied: 9/27/2011
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
If the loan was solely in your wife's name and you did not sign any paperwork naming you or agreeing to be held responsible for the debt, then you are not liable for those debts.
Answer Applies to: Florida
Replied: 9/27/2011
The Merna Law Group, PC | John G. Merna
You are not responsible for paying the parent student loans. However, her "estate" or asset are suppose to pay her debt in the probate process. Consult a probate attorney regarding the details of probating her estate.
Answer Applies to: Virginia
Replied: 9/27/2011
Hugo Florido ESQ. | Hugo Florido
You are not responsible for paying debts of a deceased loved one. My condolences.
Answer Applies to: Florida
Replied: 9/27/2011
Apple Law Firm PLLC | David Goldman
Your sons are probably responsible but you would have to look at the loan documents to determine this. Unless you signed the loans you would not be responsible.
Answer Applies to: Florida
Replied: 9/27/2011
Ashman Law Office | Glen Edward Ashman
Under Georgia law you are not liable for them. However, her estate is, and the bills must be paid before anyone can inherit her property.
Answer Applies to: Georgia
Replied: 9/27/2011
Law Offices of Brian Chew | Brian Chew
Her separate assets and all of the community assets could be attached by Sallie Mae if they get a judgment against your wife for the unpaid loans. Whether or not there is some sort of amnesty in this situation would depend on current Sallie Mae regulations.
Answer Applies to: California
Replied: 9/27/2011
