Leaving a legacy means knowing what happens to debt after you die, which is why we’re diving into that topic in this post. After all, it’s tricky enough being financially savvy in the land of the living, let alone worry about debt when life ends. Here, we’ll outline the ins and outs of debt coverage from the great beyond.
Understanding the Role of Your Estate
When you pass away, all of your “things” remain just as you left them. Although someone else may command your assets and belongings, they work to free your name of any debts or financial obligations. Stepping in to handle debt after you die is your estate.
Your estate is an overarching description of everything that makes up your net worth. What you own falls under this particular description, including:
- Real estate
- Art collections
- Various other assets
Estate planning is often one of the most important financial endeavors during an individual’s life. In preparation, you must divide up your estate to divvy out as an inheritance to your beneficiary. A trusted lawyer can help you document this information in a will. Much of the time, an estate is passed down to other family members.
After you pass away, your estate becomes responsible for your debt, paying off bills and sorting through anything leftover. This process is called probate, which can be highly complicated and last for years. Throughout it all, the appointed executor navigates dealings with the probate court, beneficiaries, heirs, and professionals involved in the process.
Who Covers Debt After You Die?
Wading through the tricky process of probate leaves many people wondering what happens to debt after you die. Despite various states having their own set of rules and standards, here’s an overview of who is responsible for the different kinds of debt.
It’s common to think that a mortgage merely disappears after the debtor dies. It may surprise you, then, that not much changes with the loan—it still exists and needs to be paid off. However, this particular loan can be covered in numerous ways. Plus, your estate usually doesn’t include your house.
For example, if there was a co-signer, they can take over the loan. Your spouse or other family members legally have this option, as well. No matter who becomes responsible for the loan, they must prove that they can afford the payments.
This situation is typically where a life insurance payout comes in handy. With payout in hand, a beneficiary can “prove their worth” to a lender without too much of a hassle.
Like real estate, vehicles are a property that a lender can take back if the loan payments aren’t met. And auto loans aren’t forgiven at death, either. As a result, repossession is a lender’s go-to move if someone doesn’t take over your loan payments.
Of course, your estate can cover the debt after you die, but often none of your heirs want or need the vehicle. If they do, it’s a relatively straightforward process of taking over the loan payments and maintaining possession of the vehicle.
Lenders approach credit card debt much differently than a mortgage or auto loan. A lender can’t “take back” the things you purchased with the credit card. So, they resort to other ways of reclaiming their money.
Once the credit card companies are notified of your passing, they’ll halt all penalties and fees. In some states, your spouse will be responsible for the debt after you die. Or the deficit will fall back on any co-signers. A life insurance policy can help to wipe out this particular debt, as well.
If there is available money from your estate, it can serve to pay off credit card debt. In some cases, credit card companies settle for less than the owed amount because there’s not enough money in an estate.
Medical debt after you die is by far the most complicated sort of obligation to tackle. Medicaid complicates the situation even more. Each state has its unique rules to which it (sometimes) adheres, which makes things even more confusing.
For example, filial responsibility laws—rulings that dictate any adult children must pay for medical bills not covered by an estate—exist in the majority of states. However, rarely do states enforce these laws.
When you didn’t receive Medicaid, you (or your estate) are responsible for any financial commitments you made to medical institutions. Often, this occurs during an extended state at a hospital or nursing home. Or, if someone claims you as a dependent, they may be responsible for the cost of your medical care.
Again, most families rely on a life insurance payout to cover unpaid medical costs. Not only does this route ensure that medical bills won’t drain your estate, but it makes working with creditors much less stressful.
As mentioned, Medicaid tangles up this entire process, and each state is different. It’s essential to check your state’s regulations before assuming anything.
What Is Exempt from the Probate Process?
Keep in mind that the probate process doesn’t have full reign on what was your life. Probate can’t touch a few of your assets, including:
- Retirement accounts, such as 401(k)s, IRAs, or annuities
- Life insurance policies
- Revocable Living Trust assets
- Joint ownership assets
- Brokerage accounts
To leave the legacy you desire, it’s vital to write it all out in your trust and will. Doing so will ensure that your assets go to the right hands.
Take the Next Step
Taking charge of your family’s financial future can seem tricky. But we can help!
To support you as you safeguard your financial security, I’ve created an up-to-date guide for parents who need life insurance here. My guide can help you with your long term life insurance goals, especially with little kids at home!
Here at CB Acker Associates, we want to help you take care of your family. If you’re ready to find a policy that fits your needs and your budget, we can help!
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