According to Forbes, a Massachusetts family or spouse can apply for a loan discharge if the deceased borrower has any of the following federal student loans: Direct subsidized loans, Direct unsubsidized loans, Direct PLUS loans and Direct consolidation loans.
The same thing applies to the now-discontinued Perkins loan and Federal Family Education Loan (FFEL) debts that some borrowers may still have outstanding, per GoodRx Health.
Parent PLUS loans will also be discharged by U.S. Department of Education if the parent borrower or the student to whom the parent provided the loan for dies. Because only one parent can be responsible for a Parent PLUS loan, a surviving parent NOT listed on the loan, will not be responsible for repaying the loan.
In order to have a loan discharged (not forgiven; that term is used to indicate elimination of a debt due to a job loss or inability to pay), acceptable proof of death (death certificate, a certified copy of the death certificate or an accurate or complete copy) must be provided to the student loan servicer.
What About Private Student Loans?
As mentioned above, there are a number of federal student loans available to borrowers, but they all are overseen by the Department of Education and have standard policies, including discharge regulations in the event of a debtor’s death. However, private student loans are another matter entirely.
Private loan terms differ “from lender to lender,” according to Forbes, so in the event of a death of a student loan borrower or holder, the lender’s agreement and policy need to be checked thoroughly before assuming a discharge will be applied. There is absolutely no guarantee that a private lender will discharge a deceased’s debt.
“The problem with private loans is that every single loan product is different,” claims Mayotte. “Historically, for a lot of private loans, the borrower’s estate or their co-signer, if there was one, would often still be left on the hook.”
Now, in the case of a loan that was co-signed, companies will normally discharge a debt if the primary borrower dies but may require the borrower to continue repaying the loan if the co-signer dies, per Forbes.
During Massachusetts divorce proceedings, parents need to make important decisions on how college expenses are to be paid taking into consider their children’s ages, income, assets and child support obligations.
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