QUESTION

What can I do if my son is deceased and federal student loan agents are calling (harassing) me for repayment of these loans?

Asked on May 06th, 2013 on Bankruptcy - Michigan
More details to this question:
My son died 4 months ago. He had several outstanding student loans, some federal, some private. A private loan company has already forgiven a loan. The federal loan company (AES), has been harassing me since the day after his funeral for repayment. Am I liable? Since they are federal loans, why haven't they been forgiven already? It seems macabre to make families repay student loans for dead student borrowers. How can I make this madness end? It's hard enough losing my only child.
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5 ANSWERS

Bankruptcy Attorney serving Seattle, WA at The Law Office of Marc S. Stern
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Did you guarantee the loan? If so, you might have liability. If not, call your Senator or Representative. They are very good at making bureaucrats see the light.
Answered on May 10th, 2013 at 4:13 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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If you signed for the loans and made a personal guarantee they are your loans and you owe them.
Answered on May 10th, 2013 at 4:05 AM

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Are you a co-borrower or guarantor?
Answered on May 09th, 2013 at 5:21 AM

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Debt Collection Attorney serving Chicago, IL
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You are not liable for another's loan unless you signed for it. Inform the people calling in writing that the borrower is deceased and instruct them not to contact you. If they try to collect from you or disregard the instruction, and they are a debt collector, the attempt violates the Fair Debt Collection Practice Act.
Answered on May 07th, 2013 at 5:20 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I'm afraid I do not have all of the information, did you guarantee the loan? If you did, you are liable regardless of the fact that your son is now deceased. If there were no guarantees someone should be taking care of your son's estate which owes owes the private and federal student loans if it is able to pay. I would suggest you see an attorney.
Answered on May 07th, 2013 at 5:18 PM

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