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Am i responsible to replay a student loan my husband cosigned for our son and my husband is now passed away.

Evergreen, CO |

My son has two student loans one for 3000 and one for 10,000.. my husband cosigned the 10,000. my husband passed away a year ago. the student loan keeps bothering me to pay son hasnt been able to pay it. i sent the loan the death certificate but now its in collections. am i liable for this student loan payment?

Attorney Answers 4

  1. If you didn't sign the loan, you are not responsible to pay the debt. I have always been under the impression that responsibility for a student loan is eliminated upon death, but if I am wrong, the debt may be paid or eliminated if you have a probate. I think consulting with a probate lawyer in your community would be a good idea. Hope this perspective helps!

  2. You have no obligation to assume the debt and despite calls from a debt collector or others do not sign any documents without having them reviewed by an attorney. Generally any liability your husband had would end with his death. You need to consult an attorney regarding the matter. The possibility does exist that if your husband had any probate assets that these may have to be used to satisfy the debt.

  3. This could get tricky as the other attorneys mentioned depending on what assets your husband owed at his death. You probably should speak with an attorney regarding his assets and other debts and how you should proceed as, while the debt collector may not be able to come after you directly for repayment of the debt, they still may be able to come after any assets transferred to you after your husband's death or co-owned by you. Even if this is the case, you likely could negotiate with the debt collector, but you want to assess your liability risk before you start making them any offers. Have you send the debt collector a death certificate as well. You should do so and ask them to stop calling you in the meantime. I hope this helps.

    You can reach Dave Rich at (303) 886-2516 or Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

  4. Colorado has a statute that provides for liability for a spouse for debts incurred for family purposes during a marriage. That is a narrow claim and not much recent case law, but I see it alleged from time to time. You should visit with counsel, both on the probate issue and upon this debt collection issue. Even if there is liability, the difficulty it presents should allow for a decent settlement...if a review of the facts indicates the possibility of liability. Good luck!

    This general response is not intended to be legal advice because I don't have all the facts. The particular facts in each instance will change the recommendation significantly. Any statements made in your posting on Avvo are not protected by the attorney-client privilege because they are shared with third parties. I require a written contract for legal services, so an attorney-client relationship may not be presumed merely by my response to an Avvo posting.

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