We live in NY NY. I am wondering if I will be responsible for my husbands student loan debt if he was to die. Debt was incurred long before the relationship. I'm not sure if they're private or federal or both. I'm sure both. I can find out. Does the bank claim his/ our assets ( if we were to have joint savings or a house in both of our names).
Provided that you did not co-sign on the loans, then no, you will not be responsible for his debts upon his death. However, creditors could still access any of his jointly held property, including a joint savings account and his house jointly held in his name.
If he dies, creditors will likely pursue their claims against his estate.
Unless you cosigned your husband's student loan debts, the only responsibility will be that the debt will be paid out of any estate proceeds that are probated.
Answers are provided for direction only; it is not a substitute for an office consultation.
It is my understanding that federal student loans are forgiven upon the death of the student. Hope this perspective helps!
You are not responsible for his loans. However, his assets upon death would be required to be paid toward his debts. Therefore, some planning in this regard could be helpful. However, as a practical matter, student loans are generally insured for death of the borrower, and lenders rarely make efforts in estate proceedings.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline