Santa Barbara County Probate Attorney Warns: Don’t Fall for These Debt Collection Scams After a Death

In my years as a Santa Barbara County probate attorney, I’ve seen an alarming trend: scammers targeting grieving families with fake debt collection calls. These predators scan obituaries and public records, then approach family members claiming the deceased owed them money. Today, I want to warn you about these schemes and explain how debt really works after someone passes away.

How These Scams Usually Work

The phone rings. The caller claims to be from a credit card company, lending institution, or collection agency. They express condolences for your loss, then quickly pivot to discussing a supposed debt owed by your loved one. They often pressure you to pay immediately, claiming you’re personally responsible or threatening legal action if you don’t comply.

Know Your Rights: The Truth About Debts After Death

Here’s what these scammers don’t want you to know: when someone passes away, their debts become the responsibility of their estate, not their family members. You are not personally responsible for paying your loved one’s debts unless you:

• Were a co-signer on the debt
• Are the surviving spouse in certain states
• Had a joint account with the deceased

How Debt Actually Works in Probate

As a Santa Barbara County probate attorney, I can tell you that legitimate debts are handled through a specific process:

1. The estate’s executor or administrator is responsible for paying valid debts
2. Debts are paid from estate assets, not personal funds
3. If the estate doesn’t have enough money, some debts may go unpaid
4. Creditors must file formal claims within the time allowed by law

Protecting Yourself from Scammers

If someone contacts you about a supposed debt:

• Never provide personal or financial information
• Ask for written verification of the debt
• Don’t make any payments without consulting a Santa Barbara County probate attorney
• Keep detailed records of all communications
• Report suspicious calls to the FTC and your state’s attorney general

Remember, there are a lot of unexpected issues that can pop up as you deal with your loved one’s estate. Please know that our firm is here to guide you through the administration process so that you can stay on track, move through the process as quickly as possible, and stay out of the crosshairs of scammers. Simply contact our Santa Barbara County office at (805) 946-1550 for help protecting yourself and your loved one’s legacy.