death and credit cards

Nurse_Gladys

My mother passed away three weeks ago. My sister in law notified the two credit card companies (MBNA and M&S) enclosing death certificates. She gave her name address and telephone numbers to contact. However, this morning I have received a death certificate with a covering letter from M&S money. The only way this could have happened is because 5 years ago I made a payment on my mothers credit card using my bank debit card, by telephone . (I made the payment when mum was unwell to avoid her incurring late payment charges and she gave me the money).

What I would like to know is can they hold me liable for the outstanding debt as I made a payment on her behalf?

I only ask as I read an article about a man where fraudsters had taken out a mortgage on his house and because he was harrassed so much he made a payment off the loan and then became legally responsible for the loan.

There are no assests in her estate to pay the debt after funeral costs have been met.

Please advise. Many thanks.

gizmo111

No you cannot be held liable for your mothers debts, if there is no money in the estate then they will be written off.

lisyloo

No you are not liable.
You haven't said what the letter said.

Did your mother own a home?
If there are no assets either in the estate or her home, then they will have to write it off and no-one else is liable.

madgagoo

Are you on the certicate as the notifier? If so this may be why they have sent the certificate to you.

As above, you are not liable for the debt - your mother's estate is.

jamesd

Tell them about the mistake and who is handling the estate and should be contacted about it. Either pass on the letter to that person yourself or return it to M&S so they can. That person will end up telling them the bad news, best to leave it to them to do that for all companies instead of getting involved yourself.

chattychappy

jamesd wrote: »

Tell them about the mistake and who is handling the estate and should be contacted about it.

Yes. But of course, who is handling the estate will be the executors or administrators.

Nurse_Gladys wrote: »

My mother passed away three weeks ago. My sister in law notified the two credit card companies (MBNA and M&S) enclosing death certificates.

OP: Is your sister-in-law the administrator or executor?

Some institutions will act on a death certificate, but others will require a grant of probate (will)/letters of administration (no will) and will want to deal with the administrator/executor.

jamesd

Not necessarily either executor, their attorney or an administrator initially, just someone to tell creditors what's happening and perhaps collect and disburse small amounts of money, possibly with the assistance of a dispensation for some financial institutions. I certainly won't be executor or administrator for an estate I'm handling but that doesn't prevent me from carrying out some activities to simplify the work of the eventual executor and save money for the estate. There are severe limits on what a person who isn't executor, attorney or administrator can do with larger amounts of money, though - generally not accessible.

Moot in this case. I assume that the sister in law will be the administrator and with no money to distribute the scope for disputes involving beneficiaries or prospective beneficiaries is minimal.

captainhaggis

Sympathies on the passing of your mother.

chattychappy

jamesd wrote: »

I certainly won't be executor or administrator for an estate I'm handling but that doesn't prevent me from carrying out some activities to simplify the work of the eventual executor

Sure, but a creditor is entitled to insist on dealing with an executor or administrator if they wish. Nobody else has authority to deal with the estate, however small the amount.

If nobody has been appointed, then a creditor can ultimately apply to perform this function themselves.

jamesd

Agreed re legal authority. Some places want maximum protection and that's their right. Others will go with nothing or a dispensation, depending on policy or amount.