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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 19665
Experience:  B.A.; M.B.A.; J.D.
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I have had a dispute with Sallie Mae regarding a student

Customer Question

I have had a dispute with Sallie Mae regarding a student loan of a now deceased foster child. I had cosigned a loan for $2500. She suicided 9 months later. She was on state had no money. After her death Sallie Mae contacted me requesting me to pay the loan. I negotiated an amount of $1500 and paid it. Apparently Jennifer had other loans that I had not cosigned. Since this was a suicide there was a great deal of confusion and uncertainty. The family of Jennifer were equally on state. Since I was the only rational adult I made the funeral arrangements and paid for them, I also went to probate for the reading of the will. There was nothing but an old car, some CD's and a cat. There was no executor. Now Sallie Mae is saying I was the executor and am still liable to pay the remainder of the student loan I cosigned. I have been disputing this for 7 years. I even sort help from Congresswoman Estes. They connected with Consumer Protection agency and they have denied my appeal saving I was the executor therefore responsible. I am beyond frustrated. It is unjust and wrong. Carol
Submitted: 2 years ago.
Category: Estate Law
Expert:  Phillips Esq. replied 2 years ago.

Even if you are the Executor of the Estate, you can only pay from the assets of the estate. If there are no assets, you are not personally liable for the debt.

Even if you went to Court for reading of the Will, if you were not appointed as the Executor of the Estate, as the Personal Representative, then you are not the Executor. If Sallie Mae does not agree, then Sallie Mae should file lawsuit against you so that you would get an opportunity to tell the Court your side of the case and let the Court decide. In any event, Sallie Mae CANNOT seize your assets without getting a Court Order.

At this time, it may be prudent to ignore all calls from Sallie Mae and let them file lawsuit against you. You can then file an answer to the lawsuit and tell the Court your side of the case.