Legal Question in Credit and Debt Law in Michigan

Deceased cosigner

If a cosigner dies, can the lender attempt collection from the cosigner's spouse or can they take the house if the cosigner's name is still on the deed even though it was willed to the spouse?


Asked on 2/02/09, 4:20 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Deceased cosigner

This is an interesting issue, which I would need more details in order to advise you. Please visit www.kliszlaw.com to discuss. Tim Klisz

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Answered on 2/02/09, 6:49 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Deceased cosigner

If the deceased co-signer has a probate estate, then the lender has the right to make a claim on the deceased's estate.

With respect to the house, the best case scenario is that the spouse of the deceased co-signer is on the deed and has survivorship rights that pass by operation of law which is usually the case with a married couple. Otherwise, the house will still pass to the surviving spouse per the will.

If a creditor has been calling you and threatening you, please contact me immediately at 248.679.1552 to discuss FDCPA violations.

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Answered on 2/04/09, 9:23 am


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