In Part 1, we explained that a deceased person's debts don't disappear but are typically paid from their estate, and we covered situations where family members might become personally responsible. Now, let's examine who debt collectors are permitted to contact regarding these debts and what rights you have.
Who Can a Debt Collector Contact?
The law offers protection to individuals, including family members, from debt collectors who use abusive, unfair, or deceptive tactics to attempt to collect a debt. Under the Fair Debt Collection Practices Act (FDCPA), collectors are limited in the individuals with whom they can discuss outstanding debts. They can only contact and discuss these debts with the deceased person's:
- Spouse
- Parents (if the deceased was generally under 18)
- Legal guardian
- Lawyer
- Executor, administrator, or personal representative (the person with the legal power to pay debts from the deceased person's estate)
- Confirmed successor in interest (this is someone a mortgage company has officially confirmed as a new owner of the deceased person's real estate)
Debt collectors are prohibited from discussing the deceased person's debts with anyone else.
If you fall into one of the categories listed above, you have rights. For example, debt collectors:
- Cannot contact you before 8 a.m. or after 9 p.m. (unless you agree to it).
- Cannot contact you at work if you tell them you're not allowed to receive calls there.
- Cannot contact you by email or text message if you specifically request that they stop.
A collector must also provide you with "validation information" about the debt. This information must be given either during their first phone call with you or in writing within five days after they first contact you. This vital information includes:
- The name and mailing address of the debt collector.
- The amount owed, along with a detailed breakdown of interest, fees, payments, and credits.
- The name of the original creditor to whom the money is owed.
- Instructions on what to do if you don't believe you owe the debt.
- A summary of your debt collection rights.
- A tear-off form that you can use to send back to the debt collector to dispute the debt or take other actions.
Can a Debt Collector Contact Me for Information About the Estate's Representatives?
Collectors are allowed to contact relatives or other individuals connected to the deceased (even those without the authority to settle debts from the estate) for one purpose: to obtain the contact information of the deceased person's representatives. This includes the name, address, and telephone number of the deceased person's spouse, executor, administrator, personal representative, or anyone else who can act on behalf of the deceased person's estate.
Collectors can usually only contact these individuals once to get this information, and they are not allowed to discuss the details of the debt itself. They can reach out again only to request updated information or if the person provided them with incorrect or incomplete details. Still, they cannot discuss the debt.
Can I Stop a Debt Collector from Contacting Me?
Suppose you are responsible for paying a deceased relative's debt. In that case, the law gives you many of the same rights as the original debtor. This includes the right to stop a collection company from contacting you. To do this, you must email or send a letter to the collector. A phone call is not enough. Clearly state that you don't want them to contact you again.
It's crucial to keep a copy of the email or letter for your files. If you send a letter, send it by certified mail and pay for a "return receipt" so you have proof of when the collector received it.
Once the collection company gets your request, they can only contact you to:
- Confirm they will stop contacting you in the future.
- They plan to take a specific legal action, such as filing a lawsuit.
Even if you stop collectors from contacting you, the debt doesn't disappear. They may still try to collect the debt from the estate or anyone else who is legally responsible for paying it. To learn more about debt collection and your rights, you can read Debt Collection FAQs.
How to Report Problems with a Debt Collector
If you experience any problems with a debt collector, report them to:
- The Federal Trade Commission (FTC) at ReportFraud.ftc.gov
- Your state attorney general's office
Many states have their debt collection laws that may differ from federal law. Your state attorney general's office can help you understand your rights under your state's laws.
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Larry Marvin
LifeCrafter Money $ense
Sources
Federal Trade Commission: Debts and Deceased Relatives Debts and Deceased Relatives | Consumer Advice. https://consumer.ftc.gov/articles/debts-deceased-relatives
Debts and Deceased Family Members - US National Credit Solutions Blog. https://blog.usnationalcreditsolutions.com/en/debts-and-family-deceased/
LifeCrafter.org. (2025). Gemini. https://gemini.google.com/app/f84041c46c538967
