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advice please mums death

Recently mum died terminal cancer ( we knew for 4 weeks diagnosis.)
mum has small insurance poliicy for payment of funeral & grandchildren (new will)
Mum married but lives apart from partner not legally separated (on & off relationship)
Old joint account overdrawn approx £700 bank has now taken mums name of off the account but ? will be contacting husband.

What advice can you offer regarding us informing husband or do we let the bank do the commnicating.

Husband lives with his parents but also has own bank account overdrawn and has very little knowledge regarding finances. All statements were going to mums address prior to her death. We have asked husband to inform bank of is change of address will they also link all accounts to him ?

any advice appreciated

Comments

  • howalsh
    howalsh Posts: 396 Forumite
    Sorry for your loss.

    You are going to get loads of advice on here, some of it may be conflicting.
    My advice would be to tell him face-to-face, but I really think its a decision only you can make. The fact that you have posted on here makes me think you have an idea what you should do, are uncomfortable with it, and are looking for somebody to talk you out of it. Talk it over with your family & do what you think your mum would have wanted.
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  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    I'm very sorry for your lose.
    maybe I'm a little confused but i think you are saying:
    your mother and her husband were separated before your mother died.
    they had a joint bank acccount but after the separation only your mother used it and it is now overdrawn by £700? so the debt would be your mothers.
    is there money to pay the debt from your mother's estate?

    my view is
    phone (write if there is some reason you dont feel you can speak directly) to the husband explaining about the death and reminding him about the bank account...why wouldn't you?
    while not a lawyer, i believe the overdraft is jointly the responsibility of both parties so the bank will expect the husband to pay. obviously morally the debt is to your mother's estate...is there money to pay it? if you dont pay it and dont tell her husband, there is no guarentee that the bank will tell him until the debt has grown like topsy and the problem has grown much bigger. if husband cant or wont pay the bank may demand that the money comes from her estate.

    why complicate a simple situation?
    if i've misunderstood then my apologies
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  • Lucifer
    Lucifer Posts: 173 Forumite
    I am so sorry for your loss!!

    I agree with Clapton. Legally the account is joint - so they are both liable - however you know in your hearts that your mum was responsible for the overdraft.

    Therefore as an act of goodwill (if you can afford it). I would clear the £700 overdraft.
    "I will be debtfree":p
  • Bossyboots
    Bossyboots Posts: 6,760 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    My condolences too.

    I agree with Clapton and Lucifer.

    One other point, you cannot simply expunge a spouse from a will prior to divorce and the husband may actually be in a position to make a claim against the estate himself, depending on the length of their separation and his current financial position.
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