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What Happens to Debt After Death?

 
 

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You come home one day and find a letter asking you to pay your recently deceased spouse’s $400 credit card bill. Soon after, you start receiving collection calls. What should you do? Are you responsible for paying the bill? 

 

It is not uncommon for creditors to turn to relatives for collection after a person dies. In some cases, they may be legally on the hook for the debt. However, knowing the law can help you handle bill collectors without being bullied into unnecessary payment. 

Know the Law

When dealing with the debt of a deceased person, the first thing you want to consider is if anyone else’s name is on the account. Each account holder can be held legally responsible for the outstanding balance, regardless of who used the account or whatever agreement the account holders had on who would pay the bill.

 

Taking the example above, let’s say the credit card was a joint account, owned by your spouse and you. Your spouse was the only one who used the card and made the payments. You simply co-signed on the application because he/she had a low credit score. Unfortunately, since your name is on the account, you are still on the hook for the outstanding balance. This rule only applies to co-signers, not authorized users, who are not legally obligated to repay the debt. (However, you can be held responsible for charges you make after the death of the primary account holder, so don’t buy a $3,000 television with the card thinking you can get it for free.) 

 

In most states, relatives whose names are not on the account cannot be held personally responsible for a deceased person’s debt. In community property states (Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), spouses may be responsible for paying the debt, even if their name is not in the account. If you live in one of these states, it is a good idea to talk to a lawyer about your obligations. 

Estate Assets

Even if you are not obligated to pay a creditor out of your own pocket, that does not necessarily mean you can tell them, “Tough luck. You are not getting a penny.” Obviously, the creditor cannot collect directly from a borrower who is not alive, but they are entitled to collect from his or her estate, meaning they can take from assets before they are passed on to heirs (although certain assets, such as retirement funds and life insurance, may be exempt).

 

For example, if your father left you the $10,000 in his savings account and had a $3,000 loan outstanding at the time of his death, the lender would get $3,000, and you would get $7,000. However, if there are not enough assets to cover the bills, then some creditors are simply out of luck; they cannot collect money the estate does not have. 

Executor of the Estate

It is the role of the executor of the estate to pay the deceased person’s outstanding bills. If you are the executor, you may want to consult with a lawyer about your state’s probate process and laws. There may be specific regulations on the order that the debts should be paid. 

 

If you are not the executor of the estate but are receiving phone calls and/or letters asking you to pay, you should refer the creditor to the executor. If they are persistent, send a certified letter stating that the person is deceased and you are not responsible for paying the debt. Don’t let yourself be intimidated into paying a debt you are not responsible for. If the bill collector is making claims you don’t believe are true, such as saying you are a co-signer on the account, ask for proof. Let them know you are aware of your rights and will report them if they do not stop calling you.

 

Harassing bill collectors can be reported to the Federal Trade Commission (877-382-4357) and state attorney general’s office. (They investigate patterns of complaints but typically do not intervene in individual cases.) If the collection activity still does not stop, you may want to hire an attorney to send them a letter and, if needed, take additional legal action. 

 

While you may inherit Great Aunt Suzy’s doll collection or Grandma Jane’s floral sofa, luckily, in most cases, you won’t inherit your relatives’ debt. 

 

This article is for informational purposes only and is not intended to provide tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors for advice. Membership required. SRP is federally insured by NCUA.   

Article Credit: BALANCE 

A hand drops a coin into a piggy bank, illustrating how the habit of saving can help you master your money.

Nine Ways to Master Your Money

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1. Set S.M.A.R.T. goals

Saving tends to be easier when you have a certain purpose in mind: Saving for your first house, your retirement at a certain age, a child’s college education, or even a trip around the world. The important thing is for your goals to be specific, measurable, actionable, realistic and time-bound, or SMART. 

 

To develop a sound plan, these goals must have both a time frame and a dollar amount that is MEASURABLE. Once you have listed and quantified your goals, you need to prioritize them. You may find, for example, that saving for a new home is more important than buying a new car. 

 

Whatever your objective, be SPECIFIC. Figure out how many weeks or months there are between now and when you want to reach your target. Divide the estimated cost by the number of weeks or months to make it ACTIONABLE. That’s how much you’ll need to save each week or month to have enough money set aside. Ask yourself, is this REALISTIC? Remember, a goal is a dream with a deadline.

2. Pay yourself first

Save and invest 5-10% of your gross annual income. Of course, this can be much harder than it sounds. If you’re currently living from paycheck to paycheck without any real opportunity to get ahead, begin by creating a solid spending plan after tracking all monthly expenses. 

Once you figure out how you can control your discretionary spending, you can then redirect the money into a savings account. For many people, a good way to start saving regularly is to have a small amount transferred automatically from their paycheck to a savings account or mutual fund. The idea: If you don’t see it, you don’t miss it. 

3. Maintain an emergency fund

Before you commit your newfound savings to volatile and hard-to-reach investments, make sure you have at least three to six months’ worth of expenses saved in an emergency fund to see yourself through difficult times. Keeping it liquid will ensure that you don’t have to sell investments when their prices are down, and guarantee that you can always get to your money quickly. 

 

If you have trouble deciding how much you need to keep on hand, begin by considering the standard expenses you have in a month, and then estimate all the expenses you might have in the future (possible insurance deductibles and other emergencies). Generally, if you spend a larger portion of your income on discretionary expenses that you could cut easily in a financial crisis, the less money you need to keep on hand in your emergency account. If you have dependents, you’d want to keep more money in your emergency fund to offset the greater risk. 

4. Pay off your credit card debt

If you’re trying to save while carrying a large credit card balance at, say, 19.8%, realize that paying off the debt is a guaranteed return of nearly 20% per year. Once you pay off your credit cards, use them only for convenience, and pay off the balance each month. If you tend to run up credit card charges, get rid of the credit card and go back to using cash, checks and a debit card. 

5. Insure your family adequately

A major lawsuit, unexpected illness, or accident can be financially devastating if you lack proper insurance. The key to insurance is to cover only financial losses so large that you could not cope with them and remain financially fit (known as the law of large numbers). If someone is dependent on your income, you need adequate life insurance. Long-term disability coverage is important as long as you need employment income. Also, be sure to carry adequate liability coverage on your home and auto policies. 

 

To save on annual premiums, it might be feasible for you to raise your insurance deductible, or eliminate dual coverage. And whenever purchasing insurance – life, home, disability, or auto – be sure to shop around, and buy only from a reputable firm. 

6. Buy a home

According to the US census, since 1968, the median price of new single-family homes has gone up almost tenfold; many houses still appreciate at a rate of 6% to 8% annually. Further, home ownership entitles you to major tax breaks. Interest on first and second home mortgages is fully deductible, meaning Uncle Sam helps subsidize your property investment. Additionally, the equity in your home can be a great source of retirement income. 

 

Through a reverse mortgage, homeowners can access the equity in their home without having to sell, and have the option of receiving monthly income for life (or chosen term) or opening up a credit line against the home’s value.

7. Take advantage of tax-deferred investments

If your employer has a tax-deferred investment plan like a 401(k) or 403(b), use it. Often, employers will match your investment. Even if they don’t, no taxes are due on your contributions or earnings until you retire and begin withdrawing the funds. Tax-deferred savings means that your investments can grow much faster than they would otherwise. The same is true of IRAs, although the maximum amount you can invest annually in an IRA is substantially less than what you can put in a 401(k) or 403(b). 

8. Diversify your investments

When it comes to managing risk to maximize your return, it pays to diversify. First you need to diversify among the three major asset classes: cash, stocks and bonds. Once you have decided on an allocation strategy among these three investment classes, it is important to diversify within each asset. This means buying multiple stocks within a variety of industries and holding bonds of varying maturities. Simply put, don’t put all your eggs in one basket. Also, don’t make the mistake of putting most or all of your money in “safe” investments like savings accounts, CDs and money market funds. Over the long haul, inflation and taxes will devour the purchasing power of your money in these “safe havens."

 

All investments involve some trade-off between risk and return. Diversification reduces unnecessary risk by spreading your money among a variety of investments. Aside from diversification, the single most effective strategy is to invest continuously over time, with a long-term perspective. 

9. Write a will

The simplest way to ensure that your funds, property and personal effects will be distributed according to your wishes is to prepare a will. A will is a legal document that ensures that your assets will be given to family members or other beneficiaries you designate. Having a will is especially important if you have young children because it gives you the opportunity to designate a guardian for them in the event of your death. Although wills are simple to create, about half of all Americans die intestate, or without a will. With no will to indicate your wishes, the court steps in and distributes your property according to the laws of your state. If you have no apparent heirs and die without a will, it’s even possible that the state may claim your estate. 

 

To begin, take an inventory of your assets, outline your objectives and determine to which friends and family you wish to pass your belongings to. Then, when drafting a will, be sure to include the following: name a guardian for your children, name an executor, specify an alternate beneficiary and use a residuary clause which typically reads “I give the remainder of my estate to …” Once your will is drafted, you won’t have to think about it again unless your wishes or your financial situation changes substantially. 

 

This article is for informational purposes only and is not intended to provide tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors for advice. Membership required. SRP is federally insured by NCUA. 

Article Credit: BALANCE 

A figure of a person is being pulled in two different directions by a bomb that reads, "Debt," and a piggy bank that reads, "Save." The graphic reads, "To pay down debt, first you have to save."

To Pay Down Debt, First, You Have to Save

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When you want to pay off debt fast, that impulse often means depleting your savings. So how do you pay off debt AND save money?

 

Mathematically, based on the interest rates of your loans versus your savings account (or other savings products), your debt is likely costing you more money every month than your savings is earning you. Thus, looking simply at the highest net impact of your dollar, it would make sense to use extra income to pay off debt rather than save the money.

 

But this strategy usually results in more debt. Crazy, right? But think about it. If you're taking all your spare dollars and diverting them to your credit card or other loans, completely neglecting your savings account, what will you do when an emergency comes along, things like car repairs, vet bills, etc.?

 

Life happens, and since you don’t have a savings account, you'll probably have to slap these expenses onto your credit card. You know, the one you've been working so hard to pay off?

 

Here's how to get out of this cycle.

  1. Put away the credit cards and stop adding to your debt.

 

  1. Set a goal for your savings account that you’re comfortable would cover most emergencies, for instance, $500.

 

  1. Pay at least the minimum payments on your loans while you build your savings account until you reach $500.

 

  1. Then dedicate more money to paying down debt.

 

  1. If an emergency comes along that takes your savings below $500, switch back to paying the minimum on debt and put extra money into savings to build that back up.

 

  1. Once savings is steady at $500 and you feel you've gotten your debt under control, start increasing your savings. Most personal finance experts say your emergency savings should be able to cover three to six months of living expenses.

 

And don’t stop contributing to your retirement savings or dip into your retirement savings unless it’s truly an emergency—your future self will thank you.

 

With patience and some baby steps, you'll soon have your finances under control and find yourself resting on a comfortable nest egg.

 

This article is for informational purposes only. Membership required. SRP is federally insured by NCUA.

Article Credit: CUNA