Debts passed on from late parents

georgiegirl1966

Hi I am new to this forum, and have been fan for years. Can anyone help please, My late mother passed away in December just gone, There is a charge on her property, which the company put on after my mothers death. myself and sister and brother have inherited my mothers house. Well they took my mother to court, and put on charge, I had no idea, as live miles away, and my sister in distress, chucked loads of paperwork away. The case went to court, and was dismissed, but i think we have to apply to get it removed before we sell. In the mean time, this company, (credit card) are trying to get the money out of the estate, can they do this? and how do i get the charge removed before they can take it out of the estate. Should we be paying this debt ?
Thanks a very distressed daughter

DCFC79

Might be wrong (im happy to be corrected)but when the house is sold any money thats owed come sout of that and then split up between those in the will.

McKneff

I dont understand, what 'case' went to court.

If the company put a charge on the house then the charge has to be paid before the estate is distributed.

But, like I say, what was the case at court and why was it dismissed.

McKneff

and I'm sorry you lost your mum.....

bryanb

You say that the charge was put on after mother's death, then you say they took her to court and put the charge on. Which is correct?

georgiegirl1966

Sorry if i was not clear, the credit card debt was my mums, and there was another company involved who were supposed to be sorting out her debts, anyway, we informed them after mum passed away, and they were supposed to inform all her debtors. turns out this credit card company, didnt know of her death, so they put a charge on the house, in the mean time my sister bless her in her distressed state, chucked loads of paperwork and post away, the company had to go to court on the 6th of this month to get the interim charge final. but they didnt turn up and neither did we, and the judge dismissed the case after reading all the notes. but i have a form from the courts which is confusing, and i have been told i have to apply to remove the interim charge ?

RAS

Sorry to hear about your situation.

Who is the executor of your mother's estate?

That person needs to pay all debts in your mother's name before distributing the money from the estate.

And what company was deaklign with ehr debts? Why do you think that they can removen responsibility for paying her debts after her death.

McKneff

Leaving the charge to one side for the moment
If your mother had debts then they do really need to be paid from the estate before it is distributed.
When you say the company didnt turn up, do you mean the third party company or the credit card company.

I think you would really be better seeing a solicitor, most of them do a half hour free session.

Keep all post from now on