Credit Cards After Death

[WillyWonga]

Hi all, after any experiences, advice etc.

 

My mum suddenly passed away last week leaving my dad on his own.

 

She left a will - making my dad executor.

 

There was no insurances, pensions, savings just a mortgage - converted to tenancy in common a few years back.

 

Looking at the debts there are 3 cards solely in my mum's name.

 

M&S £5k,

Nationwide £7k,

Band of Scotland £7k

- none were covered by any insurances.

 

My dad is retired, 71 years old on the state pension.

 

It was my mum who was a few years younger who provided most of the finances.

 

After a hectic week its down to dealing with the debts.

 

What I need to know is how do I go about proving to the companies concerned there is no estate?

 

My dad has written a letter to each company with a certified copy of the death cert

and a copy of the will showing him as executor.

 

I can't see the company's accepting this and wanting payment

- but as the debts are solely in my mums name

and no estate how do we go about showing this to the companies concerned.

 

Any advice greatfully received. Many thanks

[renegadeimp]

Im not clued up on this, but take a look at https://www.moneyadviceservice.org.uk/en/articles/dealing-with-the-debts-of-someone-who-has-died

[WillyWonga]

Many thanks, some useful info. We are planning to send in the death cert to the companies, state there is no estate and await their response. In the meantime I feel we need to make an appointment at the CAB so that once the reply letters come in we can tackle it together.

[unclebulgaria67]

National Debtline would be worth phoning.

 

Your Dad is not responsible for the debts,

but as executor he would have to evidence to any creditors that there was no money left by her to pay the debts.

 

They are unsecured debts, so cannot now be secured against a deceased.

 

See what National Debtline advise.

 

They may say that your Dad should see a Solicitor to draft letters to any creditors of your Mum to explain the situation.

 

Or perhaps to see Citizens Advice if a Solicitor is not affordable and they may be able to send letters on your Dads behalf.

[Stigman]

We are planning to send in the death cert to the companies

 

Sorry to read about the loss of your mum, not a nice way to start 2014.

 

Send copies of the Death Certificate only, if the company needs an original then they can apply and pay for one from your local office of Birth's, Marriages & Deaths.

 

Stigman

[dx100uk]

have you not already got a solicitor dealing with the legal side?

 

its for them to deal with the debts.

 

no estate = no money so tough really for them is the bottom line.

 

it will look better coming from a solicitor.

 

one of my neighbours wanting help simply got his solicitor to send him a generic word letter template .

 

all he did was fill in the creditors details and sent them off giving 14 days to reply.

 

all her creditors accepted the letter and debts as high as £14k in one instance were written off

 

dx

[WillyWonga]

Many thanks to all

- after a hectic and emotional week its hard sometimes to get your head around the legal ins and outs.

 

We have been to branch and took in the death cert which they have certified and forwarded onto the relevant dept.

Its time to await their response.

 

My dad has made an appt with the Age Concern money advisor.

 

There is £20k left on a £180K house with 4 years left to pay - I can contribute to keep this going.

 

My dad's health is deteriorating and wants to stop in the house as is 71 years old now.

Its a case of lets see what they reply before seeing if a solicitor is needed

- he has been able to get on pension credit now which albeit only £5 extra a week it opens up a range of benefits with council tax etc.

 

Your advice is truly appreciated - I will keep the post going with the responses so if anyone does search for help there is a bit more info.

[WillyWonga]

Strange thing happened today.

 

I was expecting a fight with creditors as my parents did tenants in common back in 2008.

 

I advised them of the death and they wrote back today they don't need to know because my dad is the sole name on the property.

I was puzzled as I remember when seeing a confirmation letter received a week after it was done.

 

I called them today and even they were puzzled as since computer records at the Land Registry began

there was just my dad's name but it did have the tenants in common restriction below it.

 

The guy said that shouldn't have happened as needs 2 names on title for tenants in common.

They have agreed to lift the restriction.

 

Looking back on the paperwork it does show just my dads name, my parents just filed it and forgot about it.

So now that the house is sorted its time to read up on probate.