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Deceased husbands debt

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My husband passed away suddenly due to complications after I donated a kidney to him on 8 September. He had been ill for many years and died without leaving a will. We do not own our own home and he has no assets. I have been chased by several companies including Capital One for debts he owed them. They are asking for the death certificate and details of executor. I'm not sure how or whether to reply as he left nothing and as I was his carer I have no income at the moment. Please help as this is a very distressing time. Thank you in advance

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My husband passed away suddenly due to complications after I donated a kidney to him on 8 September. He had been ill for many years and died without leaving a will. We do not own our own home and he has no assets. I have been chased by several companies including Capital One for debts he owed them. They are asking for the death certificate and details of executor. I'm not sure how or whether to reply as he left nothing and as I was his carer I have no income at the moment. Please help as this is a very distressing time. Thank you in advance

 

Sorry to hear of what has happened. If these debts are in his name only, all you have to do, is advise the debt companies chasing of his full name, date of birth, date of passing and where his death was registered. Advise them they can obtain a death certificate by applying to the registrar in the normal way. Also advise them that there is no estate left with no assets and no executor as no will left.

 

You are not responsible for any debts in his name and the debt owners will have to write them off. You will only ever be responsible for debts in joint names and in your name only.


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Hello there. I'm very sorry to hear about your loss.

 

My husband has just sorted out a very similar problem for a family member, it wasn't too hard. UB is right, your husband's debts can't be claimed from you, although they may give you the impression that you're responsible.

 

HB :hug:


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Sorry for your loss,

I had similar problems when my mother in law died but in reality it is quite an easy thing to deal with. The debts accrued in his name were his and not anyone else's so dont let them tell you that you are liable or have some moral obligation, you dont. Now, no will so no executor but that doesnt matter, as I am assuming he doesnt have an estate anyway. his estate is property stocks and shares, cash and certain works of art and jewellery (not personal items of jewellery such as watches or rings but items that would put you into the inheritance tax bracket), "collections" and certain cars. Again collections must be something that would attract the attention of the taxman regarding CGT or IT. Everything else is personal belongings and not part of the estate. The deceased person pays for their own funeral before you pay out to anyone else so if there is cash in the bank then that will probably eat that up.

These people chasing money arent entitled to see the death certificate but if they are that interested thay can see it online if they pay to do so, you dont have to oblige them. So, when they contact you a simple letter saying he is dead and did not have an estate so please stop bothering you or you may be inclined to take action for harassment. By the way, BT are pretty bad at this and dont give up so beware if the phone account was his alone, they will undoubtedly screw things up if you try and take over the account or leave them..

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There are a couple of debt collection agencies that claim to be able to recover debts from a deceased person's estate or close relatives. These are probably the most repugnant of the low-lifes that inhabit the cesspit of debt collections. The best thing to do is simply write to all the creditors stating that the estate is insolvent, there are no assets, and you require formal notice that the debts have been written off.

 

It is difficult to come to terms with the passing of a loved one, and if you can't face dealing with sending letters out just yet, it can wait until the new year. Alternatively, you may find that your local CAB can help with sending out the letters.


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You may also approach the credit reference agencies with a copy of the certificate and ask for a copy of his file.

 

With this you can see what debts are outstanding and write to each of the creditors saying what has been advised already.

 

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If the parasites want sight of the death certificate then they can obtain it for themselves, how can anyone work for such morally bankrupt companies?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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All good advice above, you personally owe them diddly squat, you are in no way liable, if they do not Cease and Desist after you have contacted them, log all communications and tell them you will be reporting them for Criminal Harassment.


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If the parasites want sight of the death certificate then they can obtain it for themselves, how can anyone work for such morally bankrupt companies?

 

Lots of companies will reply to a letter notifying them of a death, and ask for a certified copy, which is quite expensive. There's no legal requirement for this; it's just their own process.

 

I suggest sending a photocopy of the death certificate in the first place, accompanied with a note along these lines, addressed to 'Deceased Accounts Department':

 

The death was registered at (Place) Register Office on (date). If you require a certified copy, you can obtain one from the Register Office upon payment of the statutory fee.

 

I was involved in dealing with a relative's affairs after he died intestate. I was surprised at how many companies tried to extract money from his widow, usually by phoning to say that 'a payment is due on the account', saying that a utility account couldn't be changed into her name unless she first paid an outstanding bill that she wasn't responsible for, or suggesting that a payments needed to be made until they'd confirmed the death. One suggested that the widow had a 'moral responsibility' to pay - they got a formal complaint. In the end it took a few calls and letters to straighten out - but no money.

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My sympathies for your loss. I was in an identical situation a while back when my husband died. We had no joint assets (I owned the house we lived in from prior to our marriage) and he left many debts behind.

 

I can only emphasise what those above are telling you and that is you are NOT responsible for any debts in your late husband's sole name, however much some may try to mislead you into believing.

 

My policy was to communicate as little as possible with firms. After all as I was neither my late husband nor his executor, I had no obligation to them. I returned many letters just crossed off 'deceased'. (Hard to do I know). Those I knew to be chasing debts, I returned with the following note:

 

"Please be advised that family members of Mr ***** deceased will not be dealing with any estate for the above, as the afore-mentioned died insolvent.

 

It is trusted that this fully clarifies the situation and that the family of the deceased will not be troubled further."

 

No name or signature, naturally.

 

I heard no further from them after that.

 

I trust you are aware of the Bereavement Payments you can get. Form BB1 from your local Job Centre is the form that is required. I got a £2,000 lump sum payment and now receive a weekly Widowed Parents' Allowance - for those without children I believe there is also a Bereavement Allowance for a year. It all helps!

 

All the best from someone who has been in your situation.

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Excellent post dettydoo

 

 

Regards

 

Andy


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In law a creditor is permitted to make a claim against the estate. And that includes all assets in the estate including equity. It is wrong and misleading to say your debts die with you unless they are joint.

 

 

I think the law recognises that the monies one person has borrowed has likely been of benefit to their partner? An example would be the Mr borrowing 10k to furnish house. If he drops dead then it seems morally wrong for the Mrs to keep the furniture and expect debt to be written off?

 

 

Sorry for your loss but I would recommend you send them the Death Cert and full details of the estate. That is the quickest way to resolve this. If their are no assets the debt will be closed. You cannot expert a creditor to simply accept someones word and write off a debt. Would you? I wouldn't if someone owed me money!

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In law a creditor is permitted to make a claim against the estate. And that includes all assets in the estate including equity. It is wrong and misleading to say your debts die with you unless they are joint.

 

 

I think the law recognises that the monies one person has borrowed has likely been of benefit to their partner? An example would be the Mr borrowing 10k to furnish house. If he drops dead then it seems morally wrong for the Mrs to keep the furniture and expect debt to be written off?

 

 

Sorry for your loss but I would recommend you send them the Death Cert and full details of the estate. That is the quickest way to resolve this. If their are no assets the debt will be closed. You cannot expert a creditor to simply accept someones word and write off a debt. Would you? I wouldn't if someone owed me money!

 

Is it morally right to pursue a widow for money her husband borrowed when he left no assets to pay for it? It is what the law says that counts (as I've been told many times on cag), and other posters have confirmed creditors can check the death.


 

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How would the credit know that there are zero assets?

 

 

I think it is morally acceptable to want proof of death and a signed statement from, for example, the Executor. Not owning a house is easily checked but many persons have life assurance and, if they do, then surely that should be used to clear debts?

 

 

As I said, if someone owed me money I wouldn't simply accept their word and 'write it off'. Why should we expect creditors to do that?

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Just like Bankers a sorry should do, law for one and a law for another?


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It is morally bankrupt to harass anyone going through a bereavement, if they want proof and sight of the DC then they can spend some of their grubby money to view it.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Requesting proof is not, in my opinion, harassing. Of course it should asked for politely and due consideration given to circumstances, ("sorry to hear that, no rush, I will call you back in a few weeks").

 

 

Strange though how we have double standards depending upon who is asking. Would you expect a life assurance company to pay out based upon a verbal comment? No. And I expect you would be very helpful and co-operative if that speeded out a pay-out. I would!

 

 

If a creditor is owed money I think it entirely reasonable to ask for payment and upon being informed of a death - after sympathising - to request proof of both the death and the assets.

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Requesting proof is not, in my opinion, harassing. Of course it should asked for politely and due consideration given to circumstances, ("sorry to hear that, no rush, I will call you back in a few weeks").

 

 

Strange though how we have double standards depending upon who is asking. Would you expect a life assurance company to pay out based upon a verbal comment? No. And I expect you would be very helpful and co-operative if that speeded out a pay-out. I would!

 

 

If a creditor is owed money I think it entirely reasonable to ask for payment and upon being informed of a death - after sympathising - to request proof of both the death and the assets.

 

Each case is going to be different. People do die with debts, have no assets and leave no will. In this situation, normally the partner or spouse will have to look through everything and respond to say there is nothing left in the estate and no life assurance or other cover to pay debts. Some creditors won't accept this and it may be necessary to see a Solicitor or Citizens Advice. The latter did offer help in writing a letter to creditors advising of the situation and creditors did accept it.

 

It is not usual for creditors of a deceased person, where the debt is unsecured to go after any joint property that may be owned or to go to court against the partner or spouse. Creditors have contingency insurances to cover against losses and they just want confirmation of the death and there is no money to repay the debt.


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How would the credit know that there are zero assets?

 

 

I think it is morally acceptable to want proof of death and a signed statement from, for example, the Executor. Not owning a house is easily checked but many persons have life assurance and, if they do, then surely that should be used to clear debts?

 

 

As I said, if someone owed me money I wouldn't simply accept their word and 'write it off'. Why should we expect creditors to do that?

 

This thread is about someone who died intestate. Why you are now seeking to mislead everyone by going on about executors is unclear and unhelpful.

 

A life assurance/insurance policy is not legally required to be used to pay of debts, because the money belongs to the named beneficiary, not the estate. That is rather the point of it, after all.

 

As to notifying creditors of the death, that is not unreasonable; but why should those left behind have to incur cost to satisfy some company's internal procedures? Deaths are a matter of public record, so if a company wishes to have a copy of the death certificate for their own purposes, they can easily obtain one. Quite why they should seek to harass the bereaved for something they can so easily do themselves is beyond me.

 

If there is an estate, then once priority debts have been settled then creditors can make a claim in the usual way.

 

You'll forgive me for saying this, but you do seem to have a somewhat naive view of the financial industry. They are in it for profit, and nothing else. When a creditor lends money, they do not do so for some philanthropic reason, but because it will make them more money. There is no moral component to the industry. They know that when lending money they take a risk that it won't be paid back for one reason or another, and they take precautions against it. If you look around CAG, you will see that almost all the debt litigation is not begun by lenders, but by parasitic debt purchasers who pay pence in the pound for delinquent accounts. The original creditor has already written the debt off, and claimed the full amount against tax. They may not have made as much as they would have done, but they have not lost.

 

At a lower level, those who work in the industry who ask the bereaved to pay debts they do not owe are almost invariably doing so because they will make a commission from it.

 

I feel no sympathy for the financial industry; it's a necessary evil, but not something to lose sleep over, and certainly not something the bereaved should feel any moral responsibility toward.

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ArchieA- life assurance or any death benefit is not part of a persons estate as they can never have any access or control over it. These are always paid out at the discretion of the company and are not actually a right, even though they have a contract and are paid for. If the insurance co refused to cough up then the beneficiary has a claim againt them but it is never considered as part of the deceased person's estate as the contractual obligation is between the company and any beneficiary.

I can insure your life, even though we have never met and if you die in a manner I have insuderd you for I get the money. Nothing to do with you and you cannot demand that I dont insure you or demand that the payout goes to someone of your choice or to pay your debts.

As said earlier only certain items are "estate", the rest are personal effects so no-one can claim those to pay off a debt

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Ericsbrother just to note, there is normally the requirement of an "insurabke interest" when taking out life assurance, it wouldnt be quute right to suggest anyone can insure anyone.


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I was being vague to show that there are differences between someones estate and their property or post mortem benefits that go to another party. There is also a secondary market in the buying and selling of life insurance contracts so there can never be a moral imperative to consider.

As for the insurers rerquiring copies of the death cert before paying out- no they dont, as with most things these are recorded on a computer and all they want is the ref number and they can instantly access the register. Got my late MiL's paid out on the same day as her death was recorded with just 1 phone call. I must say I was surprised and impressed with that but is does show that when these companies continue to hector the bereaved it is not because they dont know better, they just choose to be ghastly.

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