Goldman, Monaghan, Thakkar & Bettin, P.A.

Call Today For The Answers You Deserve

321-639-1320
  • Home
  • About
    • Frequently Asked Questions
  • Attorneys
    • Mitchell Scott Goldman
    • Matthew J. Monaghan
    • Jay R. Thakkar
    • Bradly Roger Bettin, Sr.
    • Katie Rallo
    • Kevin P. Markey
    • Monica Pritchard
    • Stephanie Parsons
    • Tyler Stiglich
  • Practice Areas
    • Business Law
    • Commercial Litigation
    • Criminal Defense
    • Estate Planning
    • Family Law
    • Immigration Law
    • Injunctions / Restraining Orders
    • Personal Injury
    • Probate And Trust Administration
    • Real Estate Law
    • Wills And Trusts
  • Blog
  • Contact
  • Client Payment
Goldman, Monaghan, Thakkar & Bettin, P.A.
  • Home
  • About
    • Frequently Asked Questions
  • Attorneys
    • Mitchell Scott Goldman
    • Matthew J. Monaghan
    • Jay R. Thakkar
    • Bradly Roger Bettin, Sr.
    • Katie Rallo
    • Kevin P. Markey
    • Monica Pritchard
    • Stephanie Parsons
    • Tyler Stiglich
  • Practice Areas
    • Business Law
    • Commercial Litigation
    • Criminal Defense
    • Estate Planning
    • Family Law
    • Immigration Law
    • Injunctions / Restraining Orders
    • Personal Injury
    • Probate And Trust Administration
    • Real Estate Law
    • Wills And Trusts
  • Blog
  • Contact
  • Client Payment
CALL
Trusting, clear, and comfortable relationships with clients that last a lifetime.
  1. Home
  2.  | 
  3. Estate Planning
  4.  | 
  5. Are heirs on the hook for debts after your death?

Are heirs on the hook for debts after your death?

On Behalf of Goldman, Monaghan, Thakkar & Bettin, P.A. | Sep 28, 2021 | Estate Planning

If you are in debt when you pass away, one of the things that might happen is that those creditors could go after your estate for the money that they’re owed. A good estate plan will take steps to make sure that your heirs are protected against these creditors staking assets from the estate that should have, under different circumstances, gone to them.

According to one study, around 73% of Americans will die in some kind of debt. That being said, your heirs are not going to be personally responsible for those debts after you die in most cases. The estate could be, though, which is why you will want to consider options such as setting up irrevocable trusts to protect your heir’s inheritances.

Your money is protected, but only sometimes

After your death, certain assets are protected. Your life insurance policy or 401(k) retirement plan, for example, may not be at risk. However, if you didn’t establish beneficiaries for those policies, there is a risk that they could pay into the estate. If that happens, then you are more likely to be held responsible for those debts. Your estate would need to pay them before passing on remaining assets to any potential heirs.

Shared balances will come into question

One of the exceptions to heirs not being responsible for their loved ones’ debts is if they have co-signed on loans or credit cards. Joint applications mean that both parties are responsible for the debt. Even if a family member sharing that credit line or loan passes away, the other will be held responsible for paying it back.

That’s not to say that authorized users will necessarily have to repay debts. Joint account holders are usually treated differently than authorized users, who may or may not need to pay.

You need to take steps to protect your assets from creditors following your death

Debt can be a tough topic. Plan for your debts now, so that you know that your heirs and beneficiaries will be protected if you pass away suddenly. Taking steps to protect your assets may make them less accessible to creditors.

Recent Posts

  • Could your social media posts affect your divorce?
  • The Fentanyl Factor: How Trace Amounts Can Lead to Trafficking Charges in Brevard County.
  • 3 things to know about the Florida lady bird deed
  • Challenging a Florida DUI: Know your rights
  • The Ultimate Holiday Gift: Peace of Mind for Your Family’s Future

Categories

Archives

RSS Feed

Subscribe To This Blog's Feed

Contact Our Attorneys Today

For legal assistance, please call 321-639-1320 to schedule an appointment. You can also reach us by email. Tell us a few details about your situation.

Goldman, Monaghan, Thakkar & Bettin, P.A.

Connect With Us

We speak Spanish, Hindi and Gujarati

Phone

321-639-1320

Fax

321-639-9950

Cocoa Office

96 Willard St.
Suite 302
Cocoa, FL 32922
  Cocoa Office Location

Palm Bay Office

4690 Lipscomb Street NE
Suite 7
Palm Bay, Florida 32905
By appointment only

Social Media

  • Follow
  • Follow
  • Follow
Google Review Button
Leave A Review

© 2026 Goldman, Monaghan, Thakkar & Bettin, P.A. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw