Debts being carried forward to next of kin?

fonefather

Hi there,

I was just posting this question as my girlfriend as she mentioned it the other day and wasn't too sure on what to comment.

Basically, her natural father left her family, got divorced and now lives somewhere else (he never keeps in touch). The only fear forher is that (unlike me!) she's very wise with spending and I imagine that the last thing she would want would be for her father to pass away and purposely forward the debts onto her. Would this be possible? I know it sounds a bit stupid but the last thing I want (should I be with her then...which I hope!) is for her and myself to have this extra debt confront us!

Any help or guidance would be most appreciated.

Regards,
Aymon.

Bossyboots

Agreed. She would not be liable for his debts and he cannot pass them on to her.

davek1

as far as i am aware debts cant be passed to next of kin unless they are joint and severally liable. the creditor can however make a claim on the deceased persons estate. so whilst yoyr girlfriend would not be personally liable if her father passed away and left money and possessions these would pass to his estate which would be administered by his executors. it is against these that the creditor can lodge a claim.

fonefather

albertross wrote:

No - they would go with him.

Why doesn't she make contact with him..before it's too late. I'm sure any parent would want to be in contact with their children.

Not to go too off topic but basically he left when she was 10 and due to the situation she has never been able to get his address or get in touch as he never sent any christmas or birthday cards. To be honest it's a sensitive issue with her and I imagine that she's frightened of rejection from her dad once again.

other then that, thanks guys, there isn't a direct link between her and her dad anymore, he doesn't own anything on the estate so I imagine that everything should be ok on that front. Emotionally I don't know whether it'll ever be resolved once and for all.

Conor_3

Actually they can. A freind who had a business, topped himself. The business was in trouble for a few years and he got into alot of personal debt because of it too. When he died, as he hadn't made a will, the estate passed to his daughter who was the next of kin. Even though she was in no way financially involved with her father, or even living there, because the debts were passed onto the Estate and the Estate became hers, she ended up saddled with £10,000's of debt.

fonefather

the thing is, would next of kin always be the daughter in this case or can it be my gf's dads current partner?

Also, can she exclude association from him in any financial direction so that such an action doesnt happen? you know, like when you write off to credit reference agencies saying you dont want to be associated with people in a certain household and stuff?

davek1

its not so much of a question of next of kin but rather whether he has made a will, because if has then the next of kin issue is not really a problem as he would name who he wants to leave money to for example his current partner, he could also specifically exclude people from his will. so even as his sole surviving next of kin your girlfriend may have no dealings with her fathers estate. as already said creditors could make a claim against the estate. this is not a claim against the next of kin or the benefficiary of the will but against the deceased persons estate or money and belongings left.

fonefather

thanks guys, I should think things are ok in that case as if i'm not mistaken he has re-married from what she has informed me. We're talking potentially quite a few years away so if I can assure her now then that's one less load off my mind.

Kindest Regards,
Aymon.

davek1

dont think she has anything to worry about at all. good luck