What to do if my wife recently passed away from lung cancer and she had a student loan that was in the process of being discharged do to her illness?

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What to do if my wife recently passed away from lung cancer and she had a student loan that was in the process of being discharged do to her illness?

Since her death I have received two letters from a debt collection agency demanding payment. I wrote them a letter telling them of her death. I have just received the second letter. What can I do to stop this harassment?

Asked on July 2, 2012 under Bankruptcy Law, Idaho

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to handle the contacts from the debt collection agency is to consult with a Wills and trust attorney about probating or administering your late wife's estate.

If her own personal estate is not significant then once the debt collection companies are given notice of the probate or administration of her estate then they have a certain period of time to make a claim and if not, they would be barred from doing so.

Given the complicated nature of the matter that you are writing about due to debt of your former wife, you really should consult with a Wills and trust attorney to assist you in dealing with the situation.


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