Families face a number of challenges when a loved one dies. The last thing a grieving family member needs is to be bombarded with calls from creditors trying to collect the debts of the deceased relative. It happens, nonetheless. Fortunately, the obligation of repayment generally does not extend to the deceased debtor’s family members. Instead, the debts become the responsibility of the debtor’s estate. If an estate has more debt than it does assets, the creditors simply lose out. In Maine, there are two specific circumstances in which this general rule does not apply. First, if a family member was jointly liable on a debt during the deceased debtor’s lifetime (e.g., the family member was a joint card holder or co-signed an obligation), that family member will be responsible for that specific debt after the deceased debtor’s death. Second, if the person legally responsible for settling the decedent’s estate does so improperly, that person may be liable to any creditors who are injured by the improper action. If a family member is receiving calls from creditors trying to collect debt…Read More
Rudman Winchell is a full service law firm serving the people, businesses and communities of Maine. With our vast legal resources and more than two dozen attorneys located in Bangor, we become a true strategic partner with the clients we serve.
Rudman • Winchell's Practice Groups
Individual • Family
Rudman Winchell attorneys provide expert guidance and on matters involving all aspects of Maine individual and family law including Divorce, Probate, Elder Law, Wills and Estate Planning.
Business • Corporate
Rudman Winchell business attorneys regularly represent clients in all aspects of business and corporate law.
Litigation • Trials
Rudman Winchell’s trial lawyers have extensive experience in both federal and state courts in a vast array of civil matters as well as criminal defense.
Municipal • Government Law
Rudman Winchell represents clients' interests in administrative and enforcement proceedings before government agencies and boards, including appeals.
Insurance • Workers Compensation
Rudman Winchell’s insurance law attorneys offer specialized representation to insurance companies and their insureds.
Real Estate • Property
Rudman Winchell has a broad Maine based real estate practice. Our real estate attorneys provide representation of banks and other lending institutions
Employment • Labor Law
Rudman Winchell’s experienced Employment and Labor attorneys advise clients on preventive strategies and positive solutions in Maine labor and workplace law.
Timberlands • Natural Resources
Rudman Winchell is located in the heart of Maine's industrial timberlands, and is a trusted partner of the timber industry and other natural resource based enterprises.
Healthcare • Hospitals
Rudman Winchell provides a comprehensive array of legal services to clients in the health care industry, throughout the state of Maine.