When a loved one passes the last thing most people think about are that person’s debts left behind. Often debt collectors contact that persons relatives to see if they would pay for the debt. They often use language to excite your emotional state.

You should always seek the advice of a probate attorney or family attorney as to who legally owes what after a loved ones death. Generally, except for the spouse, no one else may be responsible for the deceased’s debts. Their estate is responsible for paying the remainder of their debts.

According to the FTC:

Here’s what the Fair Debt Collection Practices Act (FDCPA) has to say about who has responsibility for a dead relative’s debts.

• Who is responsible for paying the debts of a relative who has died?
  Generally, someone’s estate is responsible for paying their debts. But if there isn’t enough in the estate to cover the debts, they typically go unpaid.

• Am I legally obligated to pay the debts of a deceased relative?
  You usually don’t have a legal obligation to pay the debts of a deceased relative who was not your spouse. Even a spouse’s obligation to pay may be limited under state probate law. To determine whether you’re legally obligated to pay, talk to an attorney who is knowledgeable about this area of the law.

• What should I do if a debt collector contacts me about a debt of a relative who has died?
  Give the debt collector the contact information of the decedent’s personal representative. That’s the person responsible for settling their affairs, including paying any outstanding debts from the estate. If there is a will, the personal representative is known as the executor; if there is no will, the personal representative is known as the administrator.Don’t give any of your personal information, like your Social Security number, birth date, or financial account numbers to anyone unless you know who you’re dealing with. Some con artists may check obituaries and other legal notices, and then contact relatives of a deceased posing as debt collectors. These scam artists can use your personal information to help them commit identity theft or other types of fraud.

• Do I have to speak with a debt collector who contacts me about the debts of a deceased relative?
  No. But if you’re a decedent’s personal representative, or otherwise legally obligated to pay the debt, you may want to talk with the debt collector to see if you can resolve the matter.

• Can I stop a debt collector from contacting me about the debts of a deceased relative?
  Yes. If you decide that you don’t want a debt collector to contact you again, write a letter to the collector saying so. Then, make a copy of your letter, send the original by certified mail, and pay for a “return receipt” so you will be able to document what the collector received and when. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact and to let you know that they or the creditor plan to take a specific action, like filing a lawsuit. Remember that even though the collector is prohibited from contacting you again, they still may sue the estate of your relative or the legally responsible person to collect the debt.

Can debt collectors tell anyone else about my dead relative’s debt?
Other than to get the personal representative’s location, a debt collector generally is not allowed to disclose your relative’s debt to anyone other than the deceased’s spouse, parent (if your relative is a minor child), or guardian.