Protect yourself
After someone dies, you become a target. Not because you've done anything wrong, but because grief makes people vulnerable, and entire industries have been built around exploiting that vulnerability.
Some of what follows is outright fraud. Some of it is legal but predatory. Some of it is just bad actors being bad actors.
This page will help you recognize what's real, what's fake, and what falls into the gray area in between. When in doubt, slow down. Nothing legitimate requires you to act right this second. Anyone who tells you otherwise is almost certainly the problem.
Identity theft of the deceased
Deceased identity theft is one of the fastest-growing forms of fraud. When someone dies, their Social Security number, date of birth, and personal information remain in databases. Scammers use this to open credit cards, take out loans, file fraudulent tax returns, and make purchases in the deceased person's name.
Nobody is monitoring their credit. Nobody is checking their mail for new account confirmations. The person who would notice is gone. The people who could notice are grieving.
What to do
- Notify all three credit bureaus immediately. Ask them to place a "deceased alert" on the credit file.
- Equifax: 1-800-685-1111 (or mail with death certificate)
- Experian: 1-888-397-3742 (or submit online)
- TransUnion: 1-800-680-7289 (or mail)
- Confirm the Social Security Administration has been notified. The funeral home typically handles this. Confirm they did.
- Monitor their credit for at least a year. Request free reports at annualcreditreport.com every few months. Any post-death activity is fraudulent by definition.
- If you find fraudulent activity: File a report at IdentityTheft.gov. File a police report. Contact each institution where fraudulent accounts were opened and dispute them.
- Opt out of data broker lists. Their information will circulate in marketing databases indefinitely. Consider a data removal service, or manually opt out of major data brokers to reduce the surface area for theft.
Debt collectors
Read this carefully. It may save you thousands of dollars.
When someone dies, their debts do not automatically transfer to their family. Read that again.
You are NOT personally responsible for a deceased person's debts unless:
- You are a joint account holder (not an authorized user — a joint holder) on the debt
- You are a surviving spouse in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin)
- You co-signed a loan
- You are the executor or administrator of the estate (the estate's assets may pay debts, but your personal funds are not at risk)
Debt collectors know that most people don't know these rules. They will call the family. They will use language designed to make you feel personally responsible. They will create urgency. They will imply that you must pay immediately.
What collectors will say — and what it actually means
- "We need to settle this account." — The debt exists. It does not mean you personally owe it.
- "This will affect the deceased's credit." — The deceased no longer has credit. This is meaningless.
- "If this isn't resolved, we'll have to take further action." — Ask them to specify in writing what action they intend to take. Vagueness is a pressure tactic.
- "We just need a small payment." — Do not make any payment until you know whether you're legally responsible. Even a small payment can, in some situations, be interpreted as accepting responsibility.
- "As the [son/daughter/spouse], you're responsible." — Being family does not make you responsible for a debt. Being a co-signer or joint account holder does. These are different things.
What to do when a collector calls
- Do not agree to pay anything on the first call.
- Say: "I am not making any decisions or payments today. Please send written documentation of this debt, including the original creditor, the amount, and the legal basis for your claim, to [your address]."
- Under the Fair Debt Collection Practices Act, you have the right to request written verification of any debt within 30 days of first contact. Until they provide it, they cannot legally continue collection efforts.
- Do not give them your bank account number, your Social Security number, or your credit card number. Ever.
- Know that debts have a statute of limitations that varies by state — old debts may be legally unenforceable even if collectors still pursue them.
- Keep a log: date, time, caller's name, company, phone number, what was said.
To report abusive debt collection: consumerfinance.gov/complaint or your state attorney general's consumer protection division.
Scams targeting bereaved families
Scammers monitor public obituaries. These are the most common scams that follow a death:
Obituary-based scams
- Fake debt collectors: Someone calls claiming a debt that doesn't exist. They're hoping you'll pay to make it go away. Always request written verification. Legitimate creditors provide it. Scammers won't.
- Delivery scams: Someone shows up claiming to deliver something the deceased ordered — often a Bible, piece of jewelry, or commemorative item — and demands a COD payment. The deceased didn't order it. Don't pay. This is a known, targeted scam.
- "Outstanding warranty" or "final payment" calls: Someone claims the deceased had an unpaid warranty, insurance premium, or service fee. Ask for documentation in writing. If they can't provide it, it's likely fraud.
- "We worked with your loved one" scams: Someone claims they're owed money for services rendered. Ask for a contract and invoice. If neither exists, be very skeptical.
- Fake charities: Solicitations claiming the deceased was a supporter. Verify any charity at give.org or charitynavigator.org before donating.
- Government impersonation: Someone claiming to be from Social Security, the IRS, or Medicare demanding payment or personal information. Government agencies communicate by mail. They do not call demanding immediate payment. Hang up.
Online and digital scams
- Phishing emails to the deceased's account: If their email is still active (it should be for the first few months), scammers may send phishing emails. Do not click "verify your account" or "update your payment method" links.
- Social media impersonation: Scammers may create fake profiles using the deceased's name and photos, then contact family requesting money. Report these to the platform immediately.
- "Account recovery" services: Companies charging fees to help you access the deceased's locked accounts. Some are legitimate; many are not. The platform's official next-of-kin process is always the right first step.
Predatory services
These businesses are legal. They charge exorbitant prices for services you could do yourself, at a moment when you can't think clearly enough to evaluate the offer.
- Overpriced estate settlement services: Some charge thousands of dollars for what amounts to phone calls and form-filling. If you're considering one: ask exactly what they'll do, what it costs, and request a sample work product. Don't sign under pressure.
- Funeral home upsells: Funeral homes are legally required (FTC Funeral Rule) to provide an itemized price list. You do not have to buy a package. You can select individual services. You can bring your own casket or urn. You can take the price list home and think about it. Any funeral home that pressures you to decide immediately is violating federal law.
- Probate attorney overcharges: Most simple estates don't require thousands in legal fees. Get estimates from at least two attorneys before retaining one. Ask how they charge — flat fee, hourly, or percentage of estate. Percentage billing can be very expensive on large estates.
- Cemetery and memorial upsells: You are not required to buy the most expensive option. You are allowed to compare prices. You are allowed to say "I need to think about it" and leave.
- Life insurance advance companies: Companies that buy your insurance claim at a discount for immediate cash. Insurance claims typically process in 30–60 days. Unless you have an urgent immediate need, wait for the insurance company. Advance companies typically take 10–30% of the payout.
What legitimate contact looks like
Not everything is a scam. Here's how to recognize contact that's real:
- Banks and financial institutions: Will come in writing or through official channels. Will ask you to come in with documentation. Will not ask for your financial information over the phone. Will not pressure you to act immediately.
- Government agencies: Social Security, Medicare, and the VA communicate primarily by mail. They will never demand payment over the phone. They will never threaten arrest.
- Legitimate debt collectors: Will identify themselves, their company, and the original creditor. Will provide written verification when requested. Will not call before 8 AM or after 9 PM. Will not use threats, profanity, or harassment.
- Legitimate estate services: Will provide a clear description of services and fees before you agree. Will not pressure you to sign immediately. Will answer questions openly.
The general rule
If someone contacts you after a death and creates urgency, they are almost certainly the problem.
Legitimate institutions do not require immediate action from grieving families. Banks will wait. Insurance companies will wait. Government agencies will wait. The only entities that demand immediate payment or immediate decisions are the ones who benefit from your inability to think clearly.
When in doubt: slow down. Ask for it in writing. Don't pay anything today. Talk to someone you trust before making any decision.
This page provides general information, not legal advice. Laws vary by state. If you're unsure whether you're legally responsible for a debt, or whether a contact is legitimate, consult an attorney or contact your state attorney general's consumer protection division.