Legal Question in Wills and Trusts in Ohio
repayment of student loan
My cousin lost her husband in feb. 2005.In mayof 2005, he graduated with his doctorite degree.He took out student loans to finish the 2 year degree.There was no cosigner on the loan.Now a collection agency is trying to collect the remaining balance.He started to pay back the loan prior his death.Is his widdowed wife responsible for the remaining balance of the loan from his estate even though she did not cosign on the loan?
1 Answer from Attorneys
Re: repayment of student loan
The wife should not be legally responsible for the repayment of the loan unless she co-signed. The husband did owe the money and the loan company can submit a claim against property that belongs to his estate.
The question is, what belongs to his estate? Your cousin needs to talk to an attorney about this before she pays any money or makes any promises to pay. If her husband did not have any assets that would be considered probate property then she may not have to pay the loan.
If you or your cousin would like to discuss this in more detail, give me a call. No charge or obligation for a confidential telephone call.
Good Luck!
DHD
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