Melanie Clayton
If I Don't Have an Estate, Do I Really Need an ...

You don’t need to live in the Biltmore House, have a vacation home, or have a private art collection big enough to rival MOMA to consider yourself the owner of an estate. In fact, virtually anyone who owns anything has an “estate” in the eyes of the law. Although the term may conjure images of mansions and flashy cars, for the purposes of estate planning law, the term “estate” covers a whole lot more.

If I Don't Have an Estate, Do I Really Need an Estate Plan?
Melanie Clayton
New Year, New Office!

We are pleased to announce the relocation of our law practice to Wall Street in downtown Asheville. 

New Year, New Office!

Estate Planning

What Happens to Student Loan Debt When You Die?

There are two issues many people prefer to avoid thinking about: death and debt. Unfortunately, student loan debt is a part of life for many college graduates nowadays, especially for students obtaining advanced or professional degrees. Within the first quarter of this year, the total national student debt was over $1.5 trillion for the first time, at a staggering $1.521 trillion in national student debt. 

61% of 2015 college graduates in North Carolina graduated with student loan debt. A 2018 report indicated that Class of 2017 graduates had accumulated $39,400 in student loan debt. However, students are not alone in their debt load. The same report showed that $81.5 billion of the debt is in Parent PLUS loans.

Since the majority of graduates in North Carolina will likely have some amount of student debt during their lifetime, it's only appropriate to ask what happens to your student loan debt when you die?

Below are the different types of loans and what happens to the debt in the event the borrower passes away. Although it may not be a pleasant topic, it is imperative that you consider your debt as you work on your financial and estate plans.

Types of Student Loans:

●     Federal student loans.If the debt is a federally backed education loan that the student took on by him or herself, then the loan is automatically canceled when the student dies, and the government discharges the debt. These loans have no co-signer, and the legal terms that govern the loans specify that the debt is canceled upon the death of the student.

●     Private student loans. Whether a private student loan is canceled after the borrower’s death depends on the specific lender’s policies and the loan’s legal documents. Check with the lender to find out if they offer any death discharge protection. Some, but not all, private lenders provide this protection to their borrowers.

●     Refinanced student loans.When you refinance your student loan debt, the terms of your old loan are replaced by new terms you agree to when you sign the refinancing documents. While there may be some financial benefits to refinancing your student loans, the terms of your new loan and policies of your new lender will now control your loans. You may lose death discharge protection if you had it in your original loan but it is not present in the new ones.

●     Parent PLUSloans.When a parent takes out a PLUS loan to help pay for a child’s education, and either the parent (borrower) or the child (student) later dies, the federal government will forgive the debt. However, if the student dies, the borrower may receive a 1099-C form, which treats the wiped-out debt as taxable income. As is the case with all tax issues, you should discuss your situation with a qualified tax advisor.

●     Co-signed student loans. If you have a co-signed student loan and the primary borrower passes away, you are still on the hook for the debt. As the co-signer, if you die, the primary borrower may be required to pay the entire balance of the student loan in full. In this event, it is essential that the primary borrower check the lending agreement and discuss the situation with the lender to see what relief, if any may be available.

 

Seek Professional Advice

If you have student loan debt, make sure to let your estate planning attorney know to make sure your loans are taken into account when preparing your will or trust. Depending on the type of student loan you have, your estate may or may not be burdened with your debt after you pass away. Factoring in your loans when designing your plan helps ensure that your family is completely protected. 

 

Can A Revocable Living Trust Help My Business Run Smoothly?

If you own a closely-held business, a Revocable Living Trust might be a great tool to consider – as it gives you the ability to transfer your business interests into a trust.

Typically there will be a gap between the date of death and the appointment of an executor to handle your estate during the probate process. This time gap can cause problems with a business running smoothly and in extreme cases can lead to your business dying with you.

As a way around this, business owners can transfer their interest in the business into a Revocable Living Trust. When the owner dies, the successor trustee can continue to run the business in a seamless manner and without delay.

Since the owner will only be transferring the business interest (as opposed to the actual business) into the trust – there won't be any major functional differences when running the business. At the same time, in the event that something happens to the owner, business employees or others who rely on everything running smoothly won’t suffer the consequences of a time delay in the event of the owner's death.

Whether or not to create a Revocable Living Trust will vary from person to person based on their needs and estate planning goals. If this is something you would like to learn more about, feel free to reach out to us so we can discuss it further.