In some societies past, the debt obligations of the father were passed along to the son. Children were often burdened by family debts. This practice has passed, but debt collectors use the confusion between what they can collect and who they can collect it from, sometimes crossing the line from legal collection to unlawful creditor harassment of family members.

The practice of collecting debts of the deceased is not an illegal practice in Florida, but there are guidelines regulating what can be collected and who it can be collected from. Guidelines issued in a Federal Trade Commission policy set out some of those rules.

Debts of the deceased remain personal to the estate not the family, unless a relative has personally guaranteed a loan, agreement or put personal assets up as collateral or if his or her name is on a joint account.

Many debt collectors attempt to collect from family members by playing on moral obligations. There is a clear line between using a moral obligation and inferring that there is a legal obligation. When a creditor misrepresents that there is a legal obligation either by implication or outright statement, it is considered an illegal practice.

However, there is often a gray area surrounding the use of the "moral obligation" technique. A Florida judge recently ruled that the level of one collection company's moral obligation attempts constituted harassment.

If you believe that you are being harassed by a collector over your debt or a deceased family member's, the first step is to hang up the phone. There is no law saying that you have to stay on the line. Contact an experienced attorney immediately. They can help determine whether the practices are illegal and what options you may have for settling outstanding debt.

Source: gazette.com, "Money & the Law: Beware overeager debt collectors," Jim Flynn, Jan. 7, 2012