In my years as a Michigan probate attorney, I’ve seen an alarming trend: scammers targeting grieving families with fake debt collection calls. These predators scan obituaries and public records, then approach family members claiming the deceased owed them money. Today, I want to warn you about these schemes and explain how debt really works after someone passes away. How These Scams Usually Work The phone rings. The caller claims to be from a credit card company, lending institution, or collection agency. They express condolences for your loss, then quickly pivot to discussing a supposed debt owed by your loved one. They often pressure you to pay immediately, claiming you’re personally responsible or threatening legal action if you don’t comply. Know Your Rights: The Truth About Debts After Death Here’s what these scammers don’t want you to know: when someone passes away, their debts become the responsibility of their estate, not their family members. You are not personally responsible for paying your loved one’s debts unless you:
- Were a co-signer on the debt
- Are the surviving spouse in certain states
- Had a joint account with the deceased
How Debt Actually Works in Probate As a Michigan probate attorney, I can tell you that legitimate debts are handled through a specific process: 1. The estate’s executor or administrator is responsible for paying valid debts 2. Debts are paid from estate assets, not personal funds 3. If the estate doesn’t have enough money, some debts may go unpaid 4. Creditors must file formal claims within the time allowed by law Protecting Yourself from Scammers If someone contacts you about a supposed debt:
- Never provide personal or financial information
- Ask for written verification of the debt
- Don’t make any payments without consulting a Michigan probate attorney
- Keep detailed records of all communications
- Report suspicious calls to the FTC and your state’s attorney general
Remember, there’s a lot of unexpected issues that can pop up as you deal with your loved one’s estate. Please know that our firm is here to guide you through the administration process so that you can stay on track, move through the process as quickly as possible, and stay out of the crosshairs of scammers. Simply contact our Michigan office at 844.885.4200 for help protecting yourself and your loved one’s legacy.
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