What to do if my brother died with an education loan and now they’re suing me?

My brother had a student loan with Sallie Mae. He died last year and I informed this company and sent the death certificate. He had no estate though I did have to get a short certificate in court so I could cash his last paycheck, equaling around $500 and his federal return that we put in my name about $800. Now I get a claim from them against me wanting their money. Can they do this?

Asked on July 6, 2012 under Estate Planning, Pennsylvania


Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

They have no basis for a lawsuit against you. They may be suing the estate and serving you the papers because you represent the estate.

You'll need to file an order to show cause to have the estate declared insolvent. This is an application where the court declares that there are no funds to pay any debts and enters a court order accordingly. That will stop the lawsuit.

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