If my husband dies, would I be responsible for his student loans?

UPDATED: Sep 29, 2022

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If my husband dies, would I be responsible for his student loans?

My husband and I are in our late 60’s. He has retired for health reasons and I will teach one more year to clear all our credit cards before our income shrinks. I worry if my husband passes I would inherit his $35K of student loans. Would our meager savings be wiped out by this debt if I could not afford the payments? It ways on my mind.

Asked on August 11, 2015 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You would not personally become liable for his student loans (unless you happened to have guaranteed them). However, his loans are debts of his estate, and his creditors (the student loan lender[s]) can sue his estate for payment; if they do so, anything they get from the estate is money that will not come to you.

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