Credit Card - Death - No Will

Wisp

Hi, my friend died recently. She has a credit card in her own name only. She did not have a Will and her husband doesn't know how to progress the matter of the debt on the card. Any one experienced this or professional help appreciated.

yellowbear

My mum died last year and we just sent the companies involved a copy of the death certificate and they wrote off the debts. She was a widow though. Might be wise for your friend's husband to get some advice from CAB.

talana

The debt should be settled out of the estate. If there's not enough in the estate to cover it, then the debt dies with her.
Her husband isn't personally liable for it.
With the intestacy issue, in practice the spouse will inherit the estate, but it may take longer to sort out.

So does he know how much the debt is for?

Wisp

So have I got this correctly. Without a Will husband will inherit any estate (I don't beleive there is anything unless the Gov cough up from her deferred pension, she was 60 at end of last year) Is he required to pay debt from his inheritance ? He has death cert, will that Office tell him what to do regarding any monies due to her ?

Torry_Quine

Wisp wrote: »

So have I got this correctly. Without a Will husband will inherit any estate (I don't beleive there is anything unless the Gov cough up from her deferred pension, she was 60 at end of last year) Is he required to pay debt from his inheritance ?

Any debts such as credit cards have to be paid before any remaining money can be distributed to recipients. If there isn't enough money to cover the debt then the husband would not be liable unless a joint debt.

lisyloo

Without a Will husband will inherit any estate

There are intestacy laws (you can google for that) which I believe say up to a certain figure (£125K) he will get the estate.

Is he required to pay debt from his inheritance ?

Not quite.
Her estate should pay it before he inherits.
It's the same effect i.e. he loses the money, but technically it comes out before he inherits not after.

shiny76

lisyloo wrote: »

Not quite.
Her estate should pay it before he inherits.
It's the same effect i.e. he loses the money, but technically it comes out before he inherits not after.

Would this be any different if the couple had only had joint accounts?

shiny76

Wisp wrote: »

Hi, my friend died recently.

and sorry for your loss, Wisp.

McKneff

The husband would be liable for any joint debts.

Torry_Quine

shiny76 wrote: »

Would this be any different if the couple had only had joint accounts?

Usually if an account is joint then half of the money is determined to be from each person unless there is reason to suppose otherwise.

opinions4u

Torry_Quine wrote: »

Usually if an account is joint then half of the money is determined to be from each person unless there is reason to suppose otherwise.

Ae you absolutely sure about that?

Under rules of survivorship those funds automatically become the property of the remaining account holder and don't form part of the estate (although this doesn't escape any IHT liability, unfortunately).

EDIT: Will get round to a bit of research on this later on. Self-doubt coming in to it!