Monday, February 2, 2015

My husband passed away recently. Before we got married he acquired a private loan through Sallie Mae. Do I need to need to pay the loan off ...

Question

My husband passed away recently. Before we got married he acquired a private loan through Sallie Mae. Do I need to need to pay the loan off even if I am not in the account and he got it before we got married? Thank you for any advice.



Answer

I am sorry for your loss.

The debt is clearly your husband's separate property and his separate property estate is liable for payment. Unfortunately, after his separate property is exhausted, the creditor can attempt to collect against his portion of any community property. I would expect Sallie Mae to be aggressive so I would be prepared for them by consulting with consumer law or bankruptcy attorney in your area.



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