Dad died and left mum with large dept.

gizmo111

I suggest you send off a CCA request for the loan and card debts, to see if they are enforceable. Depending how old they are and the lender it is likely they are not enforceable and therefore the bank will have to write them off.

Robert_Sterling_3

Is there a will?

aj2703

gizmo111 wrote: »

I suggest you send off a CCA request for the loan and card debts, to see if they are enforceable. Depending how old they are and the lender it is likely they are not enforceable and therefore the bank will have to write them off.

Good Idea... That be be a route i would explore.

Ivydene

Is there a Will?
Is there a named Executor?
Has Probate been granted?
Has someone been granted 'letters of administration' to act as Executor

Executor should
1 first recover any formal debt payments due to deceased then pay, in order
2 the taxman
3 any other debtors in due sequence
4 legatees (£x bequethed) then beneficiaries (residual amounts)

If insufficient amounts then people lose out in reverse order.
The Executor has 1 year to distribute Estate othewrwise s/he may be personally liable.

Debts do not die with individual, but can only be paid from monies s/he owns, or was due,on death (Estate) eg 50% of house/ bank account if held equally.
Your mother is not responsible for your paying your father's debts from monies she owned outright 1 sec before your father's death.
In most marriages the home is held jointly 50% unless there is a Tax or legal Declaration to to the contrary.
As others have suggested if the CC company plays hard ball I would suggest they could take a charge on any future sale of the property. This would only impact your mother if she wanted to buy another property, less money than sale price, or on your future inheritance.
Others may know different

anotherpaul_2

Ivydene wrote: »

In most marriages the home is held jointly 50% unless there is a Tax or legal Declaration to to the contrary

In a lot of cases, the type of ownership on the house means that it passes in full to the surviving owner without passing through the estate, even though it was owned 50/50 while they were both alive (depending on whether its tenants in common or joint tenants). The OP needs to know if this is the case in his father's case - possibly seeking legal advice. If this is the case, I believe the CC companies would have no claim against the house and no right it issue a charge against it - it will belong 100% to his mother.

That's my understanding, at least.

Mutton_Geoff

Your Dad died just a fortnight ago and one of the aspects of grieving is to try to do as much as you can to help the deceased person. Please take my advice and do nothing until after the funeral, which itself is a very important part of the process. Don't contact banks, do nothing, everything can wait.

Rest assured that nobody else will be responsible for unsecured debt other than your Dad's estate. The extent of this can all be established in good time but please go and support your Mum and the rest of the family at this sad time. The admin you can do later but your Mum needs reassurances, not the frighteners, and posting here will not bring definitive answers to your own circumstances.

There is a very useful thread here that is worth a read.

Condolences to you, but please concentrate on other things for now.

truckhunter

No will found

Kavanne

truckhunter wrote: »

No will found

Did he own anything of value? If not, your mum doesn't have to panic. If so, what is that?

truckhunter

Kavanne wrote: »

Did he own anything of value? If not, your mum doesn't have to panic. If so, what is that?

No nothing of value that i know of .
Only a car worth about 1000 quid
Other than that just a working class man.
He did have a insurance which should pay out about £15,000.
But the trouble is who do i pay of first the credit card or the loan.
Credit cards are 18-24% at about £10,000 and the loan is about 6% at £20,000

gizmo111

truckhunter wrote: »

No nothing of value that i know of .
Only a car worth about 1000 quid
Other than that just a working class man.
He did have a insurance which should pay out about £15,000.
But the trouble is who do i pay of first the credit card or the loan.
Credit cards are 18-24% at about £10,000 and the loan is about 6% at £20,000

You pay nothing - send off for a copy of the agreement and see if it is enforceable first.