deceased persons credit cards

uknick

madbadrob wrote: »

Actually yes there is. The fact the debt was paid erroneously means that the executor is liable for that money and therefore has to claim the money back if they can or pay the money themselves. That is how the law works

Rob

This is why the form banks use to transfer funds out of the deceased's account typically says they will not be liable if, at a future date, a debt materialises that should have been paid with the funds in the account.

It is the executor's/administrator's personal responsibility to make good the debt. I've noticed a number of posts from people in various threads not understanding this and the role the executor/administrator plays in closing an estate.

AMILLIONDOLLARS

The only person that may be taken to court here is an old age pensioner, who has just lost her husband, can't pay off her mortgage, and has a relative that wants to purchase the house 50% below the true value of the house, then charge her rent to stay there! What a world we live in!!!

As I understand it, we are not sure whether the 5k sat in a joint account. If this is the case the money is taken out of the Estate equation and becomes hers automatically (which I am assuming is the case as they spent the money on his funeral as well as pay off the arrears) if it was a sole account the money would have been frozen until probate, or a request would have been made to release funds for the funeral. So the credit card company would firstly have to find out how much was spent on the funeral, and how much would have been available for them towards this debt, the average basic cost of funeral is roughly around £3.5k, so the amount we may possibly be talking about here could be roughly 1.5k, which she still has no money to pay back, and as stated before I don't think any judge would make her homeless for such a small amount of money! But by the look of things reading the OPs other posts she seems to be heading that way regardless.

AMD

getmore4less

We don't have all the details like how big the CC debt is and when it accumulated.

If(speculating) it grew £10k in that last few months then the CC company would want to investigate.

All they have asked is who is dealing with the estate so they can investigate, why we don't know.

danny1931_2

I'm dealing with my mothers estate at the moment, she had 23K in credit card debt. Only asset in the estate is her house which has sitting tenants so there will be a significant delay in selling it.
CC companies have been made aware this, what I have found is that they are very keen to negotiate a reduced settlement to clear the debt, Barclays offered to reduce by 2.5K, Santander accepted my offer something to consider if you are in the same boat.

BobQ

Has the OP got any authority to be involved in the process? Was there a will? has a Grant been obtained?