debt and death

[fastlad]

hi guys

Some one has asked me to post this thread because she might have this problem soon but first can i just say to anyone who has been following my other thread {30 days} not heard back from aktiv as yet but will keep you posted.

Ok two questions

a] if you are the the executor to a will whether family member or friend of the family who is just good a sorting things out can a persons debts become your debts and would a dca be legaly able to chaise you for the debt.

b]if no will was drawen up and no executor appointed would the debt be transferd to the next of kin.Bearing in mind there is no money in the estate to pay this debt.

[diskmandave]

If there is no money in the estate the debt dies with the deceased.

 

No way can the executor become responsible as he/she does not have an agreement or contract with the creditor.

 

To put it bluntly, when you last applied for a credit card, did you have to fill in a section stating who would pay if you died? Or stating upfront who the executor of your will would be should you die??! Don't want to give the banks or ccc's any idea's now!

 

Good luck, Dave.

[fastlad]

hi dave

yes i thought along the same lines but wanted to see what came back.the person in question feels sure she has read it in a magazine that she can be chaced for the debt and the answer back in the magazine was from the consumer action group whether it was this one or not i dont know.

[sohoscribbler]

I hope I am not digressing too much, but it used to be the case in Turkey, or so I was told, that widows inherited their husband's debts, and that many were forced into prostitution to pay them off. There used to be a district in Istanbul where all the indebted widows would ply their trade. This was about 20 years ago.

 

But I hope I haven't given the banks any ideas...

[PriorityOne]

Not the case in this country, I am pleased to say. Even going back 25 years ago, when my dad passed away, mum was told that she was not responsible for the debt even as his wife.

 

The card was in his name only and that was the reason.

[quisling]

It partly depends what sort of debt you're talking about though - if the next of kin or the executor shared the debt (joint mortgage, Council Tax, joint credit card account etc) then yes, they could be held liable surely?

Possibly the same if it's a bill for work carried out on a property they shared. It's difficult to be precise unless you can clarify what type of debt it is.

 

But if it's a debt in a single name and the next of kin/executor is not connected with the debt, then yes, it can be claimed from the estate, but if as you say, the estate can't cover it, the debt dies.

[fastlad]

hi quisling

the debts are souly in the persons name no other person on them and i dont think there is enough money in the estate to cover them but could a dca just come in and take wot he wants even if it does not cover the debt.you see the person in question had her son living with her who is 20 they were in council flat he could be left with no memories of her.?Going to post on other foram to see if council would be able to just kick him out without finding him place to live if he has no place else to go.

[gizmo111]

No one else becomes liable for someones sole debt

 

Some useful information here.

 

National Debtline England & Wales | Debt Advice | Factsheet 21 What To Do About Debt When Someone Dies

 

Guide to benefits and money after a death : Directgov - Over 50s

 

With regards to the tenancy - I beleive it can be transferred once - post in landlords forum and someone will know for definite.

[sequenci]

some more info for you, hope it helps.

 

National Debtline England & Wales | Debt Advice | Factsheet 21 What To Do About Debt When Someone Dies

[gizmo111]

some more info for you, hope it helps.

 

National Debtline England & Wales | Debt Advice | Factsheet 21 What To Do About Debt When Someone Dies

 

Looks like we're on the same trail seq:)

[Nightmare4banks]

Hi all!

 

I will be posting some views/suggestions in the next couple of days.

 

A bit busy at the moment.

[dollypops]

Don't know if this helps any, but when my grandpa died last year, it turned out he was upto his eyes in debt with people like

 

Kwik-Fit

Readers Digest

Kays

Sky

 

etc etc

 

We contatced these companies to inform them of his passing they said no problem, basically all we need is a copy of the death certificate, we sent them this and they replied saying the accounts have been closed and we would not be hearing from them again.

That was coming upto a year ago now, and everything is still ticketey-boo.

[gizmo111]

Don't know if this helps any, but when my grandpa died last year, it turned out he was upto his eyes in debt with people like

 

Kwik-Fit

Readers Digest

Kays

Sky

 

etc etc

 

We contatced these companies to inform them of his passing they said no problem, basically all we need is a copy of the death certificate, we sent them this and they replied saying the accounts have been closed and we would not be hearing from them again.

That was coming upto a year ago now, and everything is still ticketey-boo.

 

Sorry to hear of your loss - did they query the estate?

[rosierose]

My mother died just before Christmas. She had no estate of any great value and the whole of her debts, every penny, were scrubbed by NatWest and HBOS (£18K in credit cards and loans) even though one agreement was joint, with my father.

 

Rosie

[dollypops]

Sorry to hear of your loss - did they query the estate?

 

No they just asked for a copy of the death certificate as proof of death, and that was it.

[Nightmare4banks]

Hi all!

 

A few comments here:

 

Regarding deaths and elderly people with debts(unsecured) - the argument could possibly be "reckless lending" on behalf of the creditor.

 

Without going through alot of depressing details have had the same experience when one of my very close relatives died and the spouse was never made liable(upon presenting death certificate etc). In this case almost £20k was wiped out.

 

I will post more here another time but the National Debt link seems to cover all the questions more or less that have been raised.

 

If anyone has any specific problems that have not been covered yet,post them here or send me a PM and I will want I may be able to do to help.

 

To avoid any confusion,please make sure to put your post under the appropriate heading i.e.if it is a tenancy problem post it under "The Landlord & Tenant" section.

[fastlad]

Thanks guys you have been a great help ,i dont think they have much to worry about the debts are fairly small. I will pass on your imfo.

cheers