Legal Question in Legal Ethics in Massachusetts
I am a cosigner of a student loan. If the student dies is the cosigner responsible to pay back the loan?
1 Answer from Attorneys
Thank you for your question.
The simple answer is yes.
If you have not yet decided to co-sign with someone, I would strongly recommend that you speak to an attorney before doing so. Once you agree to co-sign a loan, you are 100% responsible for the loan. The creditor may look to either one of you for payment. The estate of a deceased person would be responsible for paying any just debts, but if the person will likely not have sufficient assets in their estate to pay off any such debt, you may want to draw up a short agreement - or a provision should be made in their estate plan - to compensate you in the event that you are forced to pay the debt.