Dad died and left mum with large dept.

truckhunter

thanks
i looked at the deeds today im sure they were owned jointly.
i have only today sent the deeds to be changed to my mums name.
so it looks like mum will have to sell the house?
god this will rip her apart...........

fascinated

If your parents owned the property as joint tenants, basically the whole share in the property passed to your mother on your father's death and the house can be changed into her name at the Land Registry on production of your father's Death Certificate.

I am not sure as to the position then regarding the debts. Have you checked on the cards etc to see whether there was any payment insurance?

What I've done with my mother's debts is basically written to everyone with a copy of the Death Certificate and just informed them and told them that we are still going through paperwork and establishing the position. To date I have not received any response from any of them, but I think initially this is your best course of action just to see what you are dealing with. Also, it stops interest accruing or, in my mother's case, bailiffs coming to the house.

Fasci xx

Kavanne

truckhunter wrote: »

thanks
i looked at the deeds today im sure they were owned jointly.
i have only today sent the deeds to be changed to my mums name.
so it looks like mum will have to sell the house?
god this will rip her apart...........

If your parents were 'joint tenants' the house automatically passes to your mum without entering the estate. If they were 'tenants in common' then your father's share of the house WILL form part of his estate. Have you checked with a solicitor which one applies for your parents?

anniecave

My condolences to the OP.

If the house was owned jointly between the two parents, could your mum consider an equity release scheme to pay off the money owed? Of course that would depend on how much the house is worth.

I'm not also sure about what you mean by your father's pension. Do you mean he was receiving a private pension and not declaring it as income, and also receiving means-tested benefits to which he wouldn't have been entitled if he had declared the income? That is a different issue, and I guess you might want to see what the outcome of this is first, as this could be a large amount of money as you say.

I suppose your mum may have to consider selling the house to pay off the debts.

I hope it all works out, whatever happens.

Kavanne

Has your mum contacted a solicitor with regards to this?

truckhunter

private pension and not declaring it as income

truckhunter

Not yet may have to after the funeral

fascinated

I agree that the OP should contact a Solicitor, or at least get some legal advice from somewhere. I know there is a natural reluctance to do this where one is worried about incurring additional costs, but I really think it is in the best interests of the family to make sure they protect whatever they can for the mother.

In the meantime I would suggest writing very briefly to all the creditors just informing them of the position and telling them little else. Just to take the pressure off.

Regards,

Fasci xx

jonesMUFCforever

anniecave wrote: »

My condolences to the OP.

If the house was owned jointly between the two parents, could your mum consider an equity release scheme to pay off the money owed? Of course that would depend on how much the house is worth.

I'm not also sure about what you mean by your father's pension. Do you mean he was receiving a private pension and not declaring it as income, and also receiving means-tested benefits to which he wouldn't have been entitled if he had declared the income? That is a different issue, and I guess you might want to see what the outcome of this is first, as this could be a large amount of money as you say.

I suppose your mum may have to consider selling the house to pay off the debts.

I hope it all works out, whatever happens.

No NO no!!
OP should not consider equity release to cover someone else's debts.
If the worst comes to the worst let the credit card companies put a charge on the house - this would then be paid off upon death of the mother but would not cost her anything when alive.

McKneff

If the house was owned as joint tennants no one can make her sell the house to gain access to the other half (your father's half') as the poster says in post 20 a charge can be put on the house for when it is sold in the future.