Legal Question in Wills and Trusts in New York

If a person with private education loans has an only parent as a cosigner and that parent dies, are the holders of the education debt able to make a claim against the cosigner's estate? The deceased cosigner was a resident of Louisiana. The primary borrower was formerly a resident of Louisiana and now resides in New York.


Asked on 3/09/10, 11:21 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

If there is no default under the terms and conditions of the loan (ie. payment is up to date), then the lender would not be able to make a claim against the estate.

Mike.

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Answered on 3/15/10, 5:21 am


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