Loan liability on death

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Comments

  • woody01
    woody01 Posts: 1,918 Forumite
    I see.
    In that case then, unless there is hard proof your mother has joint liability i would inform the DCA to Jog On at their convenience. :)

    Good Luck
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    BritRael wrote: »
    This is a very interesting thread.

    The concensus seems to be that the op is not liable. Does this mean that in death debts are not inherited?

    That's right. When someone dies, their assets and savings are cashed in (that is known as 'the estate'), and all debts are paid out of the estate. Any money or possessions left over are then distributed to the people who are entitled to them (who they are will depend on if there is a will or not)

    If someone dies insolvent - that is to say there is more debt than money in the estate, then certain debts take priority, but any that remain unpaid die with the person.

    However joint assets and joint debts do not count as part of the estate, instead rights and liabilities pass immediately to the surviving joint owner or joint debtor.

    Hope this helps

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • lemonjelly
    lemonjelly Posts: 8,014 Forumite
    1,000 Posts Combo Breaker Mortgage-free Glee!
    You may wish to include in your letter confirmation that you request they cease phone calls at this difficult time for you & your family.

    If they persist (without providing any evidence) then a breif note stating that their continued contact constitutes harrassment as per sec40 of the administration of justice act 1970 should suffice!
    It's getting harder & harder to keep the government in the manner to which they have become accustomed.
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