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What Happens to Debt When You Die?: Ehline Law Firm Can Help You

Most earthly connections end with death; however, debt does not. If you owe money and don’t pay it while you’re living, it continues to accumulate and needs to get paid even once someone passes away.

Outstanding Debt After Someone Dies

Student loans, personal loans, mortgages, and unsecured credit card debt are all examples of debt. Furthermore, while the amounts differ, one must pay them off with the collected interest within a set time frame.

When you pass away from murder, wrongful death, or natural causes, the burden of repaying the loan falls to another party. Generally, the will of a deceased individual gets examined to determine how the debt should be resolved.

If you die without a will, your estate—which includes all of your assets and property—is used to pay debts. In several circumstances, a family member may be in charge of the debt settlement, but others who are not connected to you may also get involved. If you owe money, it is a good idea to know how it is paid off when you’re gone.

Who Carries the Responsibility of the Deceased Person’s Debt? – Including Private Student Loans and Credit Card Debt

If you have a surviving spouse or children, you may think about what happens to your debt after you pass away, which is understandable.

Certain persons, even if not related to you, may inherit the debt depending on their link to the deceased and the debt.

The following people may obtain the responsibility:

  • A spouse: When a spouse dies, several states demand that joint property gets used to pay off debts. California, Arizona, Louisiana, Washington, Texas, New Mexico, Idaho, Nevada, and Wisconsin are among these states.
  • A joint account holder: If you create a bank account with someone else, joint account holders are liable for any obligations incurred as a result of the account.
  • An estate executor: Although estate executors are not personally liable for the estate’s debts, they may get held liable if they are negligent with the estate’s assets or neglect to settle the estate’s bills before assigning assets to any beneficiaries.
  • A co-signer: If you take out a loan with another individual for a company, a property, or a vehicle, they become accountable for the payments after you die.

What Types of Debt Can You Inherit?

The types of debt family members can inherit depend on various factors, including the kind of debt. The following are a few instances:

Private and Federal Student Loans

Student loans are essentially unsecured debt, meaning the creditor runs out of luck if the estate cannot pay off any lingering student loan obligations. If you co-sign the loan with another party, the co-signer becomes responsible for your debt, just like every other debt on the list.

If you live in a community property state (Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Washington, Texas, or Wisconsin), your spouse becomes responsible for the debt.

When a debtor dies, many private student loans get canceled instantly (Wells Fargo and Sallie Mae, for example). If you’re sick and have a student loan, you might want to avoid refinancing.

A Car Loan

Car loans are a type of secured debt, meaning that the loan is secured by the vehicle itself. If a person makes automobile payments after death, the car is secured unless someone else agrees to continue making payments after the estate clears debts.

Medical Bills

Every state has its procedures for dealing with medical debt after death. Medical expenses, on the other hand, are frequently the first debt that debt collectors settle. Since this debt has so many subtleties, you should speak to a friendly, calm, colorful, experienced attorney to learn how the debt gets resolved after you pass away.

Mortgage Debt

Mortgages, like auto loans, are debts secured by the object they were used to buy, which in this case is the deceased person’s estate. If you do not co-sign the loan, your home will be used to pay off any leftover balance when you die.

If you leave the house to another person and the estate cannot pay the balance, that individual becomes responsible for future payments. If the home has a joint owner who did not co-sign the mortgage with you, they must continue to make payments to keep the house from getting repossessed.

Using Life Insurance to Protect Heirs

Your life insurance policy could become your family’s most important source of financial support in case of untimely death, particularly if creditors repossess everything else. Like other pay-on-death benefits, life insurance gets protected from lenders, and the proceeds go to your beneficiaries. Even if there aren’t enough assets in the estate to pay off debts, creditors can’t use life insurance benefits. If the benefit is large enough, your beneficiaries can spend the money as they see appropriate, including paying off a mortgage or other debts.

The money from life insurance also assures your family can stay on the property and continue their lives after you pass away.

Schedule a Free Consultation Today

Contact Ehline Law Firm at (213) 596-9642 if you need more information about the probate process and how to use credit life insurance, mortgage life insurance, or any other life insurance payout to your advantage. You can also speak with a devoted, multi-million dollar, award-winning lawyer by using our convenient online contact us form here.

How Will I Know About And Challenge Unfairly Denied Insurance Benefits Decisions?

Accidents are common in the United States, taking the third leading spot for deaths in the country. As with all accidents, there are medical bills, hospital costs to cover, and emotional costs to compensate you.

It is always better to let the insurance companies compensate you for the damages rather than shouldering the cost yourself.

Ehline Law Can Help Answer Your Questions about Insurance

Filing for a claim doesn’t necessarily mean you’ll get it, as insurance companies would rather delay or even deny them as it is in their best interests. To ensure that you always remain on top of the insurance companies and your settlement, our Ehline Law team has gathered some indicators to inform you of unfair refusals for your insurance benefits.

Unfair Denial by an Insurance Company

Some victims deserve their insurance benefits. However, an insurance company will try its best to use the law or even unfair practices to avoid giving insurance benefits to their clients. The more compensation cases they process, the lower the insurance company’s profits, which does not work in their best interest.

If you’ve got news of the denial of your insurance coverage, then you have two options to consider:

  1. Internal appeal
  2. External review.

An internal appeal requires you to ask the insurance company for a full and fair review of your claim, while an external appeal requires you to seek independent third-party help and, in this case, a lawyer.

Look out for Warning Signs by the Insurers

Here are a few signs that you should look out for to let you know that your insurance company is refusing your insurance benefits unfairly:

  • The insurance company does not give any details nor explanations on claims refusal
  • Prolonged delay in the claim’s decision process
  • Asking for irrelevant or unusual documentation. This helps them buy time
  • During the deliberation process, you are unable to communicate with the insurance company
  • Your insurance company suggests not seeking legal aid from a lawyer as it might impact the deliberation process.

Having an insurance product or a health plan is insufficient when dealing with insurance companies. You must know the policy obligations and the conditions stated in the health plans to understand if your claim falls under the liability coverage by the service provider. If your claim is reasonable to receive compensation, you should file for an appeal or get a lawyer to help you.

Policy Obligations of the Health Insurance Company

A medical treatment delay can often lead to wrongful death. We’ve seen multiple cases where a policyholder gets their claim denied by the issuing insurance carrier, resulting in a halt in their medical treatment and causing wrongful death.

According to federal and state laws, insurance firms must expedite claims within a certain number of days so that policyholders can start their medical procedures.

A delay can be a difference between life and death, resulting in a bad faith claim you can file for. Any such insurance product has an insurer underwriting that ensures guaranteed payment in case of loss or damages.

Healthcare Insurance Firm Tactics

These financial firms use medical providers and doctors to deny claims.

Some of the tactics include the following:

  • Unqualified medical officers review claims, such as having a family practitioner look into a cancer patient case.
  • Claims are often decided by the employees at these firms who do not have proper training, resulting in bad faith.
  • Overworked doctors and medical staff do not have time to give full attention to each case, and they deny many that come to them.
  • Compensation for nurses and doctors who reject claims.

Health Insurance Companies and the Appeals Process

When you face an unfair denial for the claims you were looking forward to, you can appeal the unfair denial. However, there will be a specific period when you can appeal. Many insurance policies encourage appeals rather than courts as they are expensive and time-consuming for these health insurance companies.

You can handle your unfair denials by appealing without needing a lawyer. Read your insurance policy and follow the guidelines for an appeal.

You might need the following documents depending on your policy:

  1. Copy of claim file
  2. Copy of plan-governing documents
  3. Medical expert opinions and medical documents.

Once you’ve compiled these documents, the next part involves studying your policy to identify the need for additional documents. These other documents could be evidence to back your claim and create a strong argument that insurance companies can not refuse without any reasonable explanation.

You also need to review the claim file to determine any legal holes or incorrect facts the insurance company makes. These statements, if found, can create a strong case for you to fight. You would also need a statement that identifies your disabilities if you have any, and how the unfair denial will impact your life. Having additional witness statements is a great way to represent yourself.

Dealing with insurance companies is time-consuming and requires diligent care when analyzing documents. Having an expert attorney to deal with insurance carriers is a great way to remove this responsibility from your shoulders and let the experts handle all the dirty work. At the same time, you recover from any injuries or losses.

Contact Ehline Law and Get a Free Case Review About Insurance Benefits Denied Today!

If you’re having a dispute with an insurance firm or got an unfair verdict on your claims, speak to our attorneys now.

We will analyze the applicable insurance policy, submit an appeal by completing the documentation for cash compensation, collect evidence from Medicare experts, and prove your case with the health insurance providers.

Our law firm will provide free case reviews to understand your situation and guide you on the next steps by giving legal advice. We’ve years of experience with bad-faith insurance claims, so let our attorneys ensure that the insurer pays the price for any damages you or your family incur. For more information, phone us at (213) 596-9642 or our email address, and we will get back to you. You can also reach a charismatic and caring personal injury lawyer by using our online email contact form anytime, day or night, during the 24/7 time period.

Who do wrongful death cases take so long?

Will My Homeowners Insurance Cover California Wrongful Death Civil Actions?

Negligence versus Wrongful Death Lawsuit

Ultimate Guide to Understanding Wrongful Death Negligence Law

I am Los Angeles Wrongful Death Attorney Michael Ehline. I understand that when you find yourself in a wrongful death lawsuit, it is crucial to seek legal advice and consult a wrongful death lawyer with experience and compassion towards prospective new and past clients. I am here to answer this complicated question as a professional with years of experience as an award-winning, life-taking professional Marine and lawyer. Even when dealing with the insurance company regarding wrongful death claims, no layperson or lawyer has all the answers unless he is an excellent field commander. At your service, strategy and tactics are what made Ehline Law great.

With a wrongful death lawsuit, consider these two factors: negligence and wrongful death. Negligence occurs when an individual fails to take the proper precautions to prevent an accident or injury to a fellow human being or their loved ones. Oversight can also extend to corporations or businesses where a defective product causes injury or death.

In the circumstance that one’s negligence has resulted in death, this is where one’s family members can sue for wrongful death. They can also sue if, before the end, there was an incurring of medical expenses or medical bills; the family can sue for compensation for these expenses.

The Legal Route to a Wrongful Death Claim

When parties find themselves in a situation where they are being charged or facing charges of a wrongful death claim, whether they are at fault (liable) or not, it can be stressful and overwhelming.

When the claimants seek compensation from the accused, the liable individual may use their home insurance to pay for damages caused by their negligence. Depending on the severity of the case, home insurance can help settle damages.

Holding People Accountable

What is one thing that sets Michael Ehline apart from other legal defense attorneys? His determination and dedication to pursue compensation for those who have suffered an unimaginable loss. He seeks to represent those who, on top of grief, must now deal with the legal obligation of either suing or being sued.

Breach of Duty

For a personal injury lawyer to ensure that the insurance covers wrongful death cases, there has to be proof of a breach of duty. In non-legal terms, this means that there has to be sufficient evidence that demonstrates the defendant did not act in a manner that could have prevented or avoided any liability.

Take, for example, a vehicle accident where another person negligently killed someone else. Suppose witnesses can prove that the car that caused the accident was driving erratically, the driver was above the speed limit, etc. In that case, this can potentially prove that it contributed to the injury or death of the individual.

The wayward motor vehicle driver example remains among many scenarios demonstrating a breach of duty to another. However, situations exist where accident victims have reported a breach of duty by medical professionals and businesses as having acted carelessly.

Causation

When you contact the Ehline Law Firm, our team of skilled legal experts strives to get the complete picture. They ensure they have all the necessary information to compensate their clients most.

Why?

When an accident results in the death of a family member, whether parents or children, the legal team at the Ehline Law Firm wants to prove that you, as the client, have suffered a loss that no compensation can ever fully fulfill.

The Ehline Law Firm works to obtain all necessary specific information about the incident and answer any possible questions or concerns.

How Are Wrongful Death Claims Paid Out?

Suppose you are the injured person or the person filing the wrongful death action.

In that case, you and your family may be eligible to receive financial support or receive compensation for the following:

  • Funeral costs, such as burial expenses
  • Property damage
  • Loss of spouse income or financial assistance
  • Emotional pain and trauma
  • Loss of companionship.

These are just a few examples of how the Ehline Law Firm can ensure that people receive proper guidance and payment. We act on your behalf to provide services to make losing a loved one a little more bearable.

If you are the individual who must pay, depending on liability, insurance may cover some of the damages. The coverage will vary. It is best to provide your contact information or do a zip code search to find a lawyer to assist you with such problems.

Wrongful Death Attorney Michael Ehline – Your Legal Representative and Advocate

Unlike some paid attorney advertising, Michael Ehline of the Ehline Law Firm has served clients in Los Angeles since 2005. Ehline has been practicing in the field for years, helping his clients and their families be awarded proper compensation. He is an experienced wrongful death attorney who has experience in dealing with sensitive or confidential information.

When it comes to a wrongful death suit, whether you are fighting in court or out of the courts, Ehline Law is ready to support you and your family. Ehline and the Firm are about ensuring the suffering of our clients is sufficiently and adequately covered.

Don’t let someone’s negligence ruin your life; contact Ehline Law and one of our attorneys will guide you. With the details provided, we can ensure any injuries sustained are accounted for in the lawsuit.

If you are looking for someone who can win your wrongful death case or ensure you receive proper financial compensation in your illegal death settlement, Michael Ehline is your best choice. With excellent attorney-client relationship reviews, many turn to us as the go-to wrongful death attorney.

Working Around the Clock for You

The next time you find yourself in a civil court or civil lawsuit, hire the Ehline Law Firm. Contact us at (213) 596-9642 or explore our website for a free evaluation today!

Wrongful Death Examples Wrongful Death Examples

Can Grandparents Sue for the Death of Their Grandchild or for Visitations?

Unless an Exception Applies, Grandparents Can’t Automatically Sue

The answer is it “depends.” Grandparents generally do not have the right to sue for wrongful death unless an exception applies, depending on state laws where the child lived.

Let’s look at the law. Although parents share a special bond with their children, grandparents, and grandchildren, they share a meaningful relationship, too. Losing your grandchild can be heartbreaking, but to know that they died due to another’s negligence or reckless actions can be emotionally traumatic.

In such situations, no amount of money could help replace the loss of your loved one, but filing a wrongful death claim against the responsible party can help ease the financial burden arising from someone’s death. Proving a wrongful death claim can be challenging, but with an experienced law firm, you can increase your chances of securing compensation.

Ehline Law and our child wrongful death attorneys have over a decade of experience handling personal injury and wrongful death cases across California. We have recovered over $150 million in compensation/settlements for our clients. We are in the business of ensuring you obtain justice.

Losing your grandchild to another person’s negligence can be devastating at such an age, especially if you’re financially dependent on the grandchild. You may be eligible for compensation if you’ve lost your grandchild to someone else’s negligence. Contact us for a free consultation and learn more about your rights as a grandparent.

Grandparents Are Often Unaware of Their Rights

Many believe that the right to sue for wrongful death claims only lies with the immediate family members, such as spouses or children, which is why many grandparents decide not to pursue legal action when they lose their grandchildren. However, that is not always the case, as, under certain circumstances, grandparents can sue the negligent party for the death of their grandchild.

Grandparents also have the right to sue for visitation rights if they believe it is in their grandchild’s best interest. Let’s quickly go over grandparent visitation rights before heading to whether or not they can sue for the wrongful death of their grandchild.

Suing Party for Grandparent Visitation Rights

A grandparent may file a lawsuit for visitation rights if:

  • After the death or divorce of one parent, the other may not allow the grandparent to visit their grandchild.
  • The visitation is in the best interest of the child. Under California Family Code section 3100, grandparents may receive reasonable visitation rights if either child’s parents are deceased.
  • The grandparent maintained a relationship with the child before their parents cut them off.

If you’re wondering how grandparents can sue for visitation rights, here are the key steps:

  • Gather evidence of attempts to maintain a relationship with the child and proof of visitation violations being de facto terminated.
  • Send the child’s parents a demand letter mentioning all the necessary details and the date you will pursue a visitation rights lawsuit if they don’t reply.
  • Once the demand letter deadline passes, you must request small claims court for appropriate forms and fill them out accordingly.
  • You can serve the child’s parents with notice of your visitation rights lawsuit or send a police officer or district clerk to help you.
  • Prepare your case so you’re ready to present facts before the judge, or reach out to a skilled attorney to represent you so you are not denied visitation.

Grandparents must go through a list of stipulations before being granted visitation. Depending on certain factors, the court will decide whether to allow or deny visitation rights. However, unless there is a legal adoption, grandparents seeking visitation rights cannot sue for the wrongful death of the child they wish to visit unless there is some other exception.

Some of these factors that determine grandparent visitation include:

  • Whether or not the biological, custodial parent is an unfit parent with zero parental rights
  • Whether the grandparent is fit to take care of the grandchild and appointed to do so
  • Is the child’s parent legally incompetent?
  • Is the grandparent the parent of the deceased parent of the living child?
  • Whether the grandparent got denied visitation rights by the grandparent’s child in custody, etc.

If you’re looking to sue for visitation to receive grandparent visitation rights, you need an attorney experienced in family law to help fight for your rights.

We’ve discussed grandparent visitation rights, but what if your grandchild died due to another person’s negligence? Can grandparents sue, then?

Can Grandparents Sue for the Death of Their Grandchild?

In California, several people can file a wrongful death lawsuit against the responsible party. However, specific individuals have priority over others.

Let’s look at the following groups of people eligible as plaintiffs, listed in order of priority.

Surviving Spouse

The deceased’s surviving spouse or registered domestic partner has the first right to file wrongful death claims. However, the court may deny that right if it believes the surviving spouse is not legally competent. The surviving spouse can also waive their right of priority if they wish.

Surviving Children

The deceased’s surviving children (biological, adopted, or stepchildren) can pursue the lawsuit if there is no surviving spouse. The court will assign a guardian to file the claim if the surviving children are minors. Grandchildren also have the right to pursue claims if the deceased’s children are also dead.

Dependent Minors

Minors who are not legal children of the deceased may file a lawsuit if they lived with the deceased for at least six months or 180 days. Minors are only eligible if they depend on the deceased, who provided at least half their financial support.

Surviving Parent

If the deceased offspring remained unmarried without children before death, the right to pursue a claim is passed down to the parents. If the parents can prove their dependency on the deceased, and it was their child, they may also have the right to bring a claim.

Other Heirs

California intestate succession laws kick in when the deceased has no surviving family members. In such cases, individuals eligible for inheritance may claim against the responsible party.

These include (arranged in order of priority) parents (regardless of dependency), siblings or children of departed siblings, and grandparents.

Next of Kin

There may be situations where none of the deceased’s relatives are entitled to their property. In such cases, the next of kin has the right to file a lawsuit.

Deceased’s Estate’s Representative

At times, more than one plaintiff can be eligible for filing a lawsuit, and representing multiple plaintiffs can be difficult for an attorney to handle. If that happens, claimants can come together and decide whether they want the single personal representative of the deceased’s estate to file a lawsuit on everyone’s behalf.

California wrongful death statute will split the award/settlement accordingly, helping simplify the case. The surviving spouse or children come first, followed by surviving parents, grandparents, siblings, nieces, and nephews.

In many cases, grandparents are one of the last groups of people who can file wrongful death claims or receive damages from one. When grandparents lose their child or their child is incompetent, many grandparents seek to rear their grandkids.

In exceptional circumstances, grandparents may have been awarded custody of grandchildren after a parent dies. Also, when a surviving parent is absent or uninvolved in rearing the child, the courts may consider grandparents the next of kin since they provide child care. So, a grandparent raising a grandchild may be able to file a claim and recover damages as a parent. Contact an experienced attorney today at (213) 596-9642 to learn more about grandparents, rights and blood relative claims.

Recoverable Damages in Wrongful Death Claims

The recoverable damages you can sue for in wrongful death claims include medical expenses before death, funeral and burial expenses, lost wages and health insurance coverage, pension plans, loss of gifts/inheritance, and surviving family members’ pain and suffering.

Some states allow punitive damages, but in California, you can only claim punitive damages if you lose your loved one to felony homicide by the defendant and prove it. Taking legal action will usually require a guide who understands this critical information and the conditions when more than just love comes into play to improve and change the trajectory of these legal disputes. These people are called “wrongful death attorneys.”

Typically, California does not allow damages for pain, suffering, or mental anguish in wrongful death claims but has recently temporarily allowed it until January 1, 2026.

To recover all the recoverable damages, you must prove the above-mentioned specific losses, which can be challenging. A skilled wrongful death attorney can help those suing to establish economic losses and obtain maximum compensation. This is the case for your loss of life claim in most states governed under American common law principles.

Is There a Time Limit for a Wrongful Death Claim?

If you wish to file a claim over the loss of the deceased party, you must take immediate action as there is not much time. Under the California statute of limitations, a plaintiff must file a wrongful death lawsuit within two years following the deceased’s death or lose the right to do so. A lawyer will be vital in your case to access the courts and be able to speak lease with other lawyers defending the defendant who killed the victim.

For deaths arising from medical malpractice, plaintiffs have three years following the date of the malpractice. However, certain circumstances shorten the filing date. If a government entity is responsible for the loss of your grandchild, you only have six months from the date of death to bring a claim.

If you have already lost your grandchild due to another’s negligence, the clock is ticking, and you may lose the right to pursue legal action against the responsible party if you don’t act quickly. Contact our California wrongful death attorneys to help you with your case.

Schedule a Free Consultation with Ehline Law

If you’re a grandparent looking to file a wrongful death claim against the negligent party, contact us at (833) LETS-SUE for a free consultation on your case. Our California wrongful death attorneys have the experience and knowledge you need to stand against the responsible party and hold them accountable for your loss.

Here are some of the historic wrongful death victories we secured for our clients:

  • Widow v. Insurance Company – $4.2 million
  • Ducket v. Ridgecrest Regional Hospital – $2.02 million
  • Hier v. State of California (Caltrans) – $2 million
  • Cosham v. City and County of Los Angeles – $1.9 million
  • Clare v. Estate of Clare – $1.22 million
  • Doe v. Automaker – $1.05 million
  • Rodriguez et al. v. Osterkamp Farms – $1.037 million
  • Distler v. Redondo Beach Unified School District – $1 million.

At Ehline Law, we foster a solid attorney-client relationship by updating our clients at every step. We understand that a grandparent-grandchild relationship is unique. A law firm like Ehline Law focuses on winning and maintaining a positive attorney-client relationship, which is crucial to your wrongful death case.

Immediately contact us to learn more about filing wrongful death claims, or visit our law offices across California for a free case review. We will help you understand your rights as a grandparent and the legal options to help you make an informed decision.

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