Elder Couple with Bills

A total of 73% of Americans leave debt behind when they pass away.

The type and amount of debt left behind when someone dies is key to what happens next, according to FOX Business in “Americans Are Dying with an Average of $62K of Debt.”

Because 73% percent of Americans pass away with debt that amounts to an average of $62,000, it is important to understand the complexity of the issue.

The only type of debt that completely disappears when the debtor passes away are federal student loans. However, the proper paperwork must still be filed. The same is not necessarily true of other types of student loans.

Other types of debt must be paid by the estate before any assets are distributed to heirs.

Thus, if a person passes away owing $100,000 and having assets of $150,000, then the estate must pay the debt and only the remaining $50,000 can be inherited by heirs.

If the estate does not have enough assets to cover the full amount of the debt, the heirs are not responsible to pay it. However, there are exceptions. For example, if the estate contains a home, then the value of that home might be used to pay the debt, even if other people are living in it. As a result, the heirs might need to pay off the debt to remain in the home.

An estate planning attorney can help you create an estate plan that fits your unique circumstances as well as manage what happens to any debt left behind.

Reference: FOX Business (March 21, 2017) “Americans Are Dying with an Average of $62K of Debt.”

For more information on asset preservation and estate planning, please visit my estate planning website.

Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.