found a lot of unexpected debts...

Bossyboots

The difference will be how your dad handles each debt and the attitude of creditors. He could continue the loan payments without it coming out your mum's estate if he did ever sign it. Can he afford to pay the other creditors? Your idea of offering a settlement would hopefully work in the circumstances. If he is liable for the card debts as well though, they may not play ball and want the debts paid. If he is the primary cardholder then the debts are his but if he did not sign the agreement there may be scope to argue whether he should in fact be paying anything.

If he is liable for the cards, then I am sure he would not want the matter to go to court while it is being sorted out so it is best to find out about the cards and what his own liabilities are and what your mum's estate liabilities are. Once you have all the facts, you can work on what should be paid in full, where offers can be made and where it may be that in fact they cannot look to him or the estate for payment at all.

Bossyboots

J_P_S wrote:

i didnt think credit card bills could be reclaimed from someone's estate, is that incorrect then?

All debts are repayable from a deceased person's estate before any of the clauses in a will can take effect. Creditors have first dibs on the money.

Where someone with credit card debt dies without any estate or estate worth less than the debt, then the debt dies with them as it is no-one else's liability.

J_P_S

Bossyboots wrote:

All debts are repayable from a deceased person's estate before any of the clauses in a will can take effect. Creditors have first dibs on the money.

Where someone with credit card debt dies without any estate or estate worth less than the debt, then the debt dies with them as it is no-one else's liability.

thanks for clearing that up, i always thought they were unsecured so couldnt be claimed, thank you