Late Wife's Debts

Glider2439

My wife has passed away. She had an outstanding loan of £7,000 in her name only and also savings of £3,000 in her name only.

No other estate in her name.

I received £45,000 death benefits.

Her bank is asking how I propose to pay off her debts.

Am I legally obliged to pay these debts?

Any help would be appreciated.

*Robin*

Sorry for your loss, OP.

Assuming you are your wife's executor; yes, it's your job to settle her estate.

TonyMMM

*Robin* wrote: »

Assuming you are your wife's executor; yes, it's your job to settle her estate.

If there are assets within the estate to do so.

dzug1

And those death benefits very likely do not form part of the estate but if they do they must be used to settle the debt


You are entitled to take the funeral costs from the estate


You need to tell the bank that the estate has no or few assets - and maybe provide some evidence

antrobus

Glider2439 wrote: »

....Any help would be appreciated.

See :http://www.bereavementadvice.org/probate-and-other-legal-procedures/insolventestates.php

Did you own a house together?

madbadrob

Without more info here no definitive answer can be given. We really need to know what the death benefits are at the very least. Then was there a property how that was held etc.

Rob

Glider2439

Thanks for all your help. I specifically need to know for sure whether death benifits paid to me form part of my wifes estate.

Cheddar123

I am in the same position as you and hope that somebody can clear this matter up for us both.

Mojisola

Glider2439 wrote: »

Thanks for all your help. I specifically need to know for sure whether death benifits paid to me form part of my wifes estate.

If they were paid out to you personally, rather than to "the estate of your wife" or to "the executor of your wife", they don't form part of her estate.

Newly_retired

What exactly do you mean by "death benefits"?
Presumably not state benefits, but do you mean this is what you were due to inherit from the will? Or are they pay outs of insurances or pensions?

If they were payable to you personally from an outside source, then they are yours.
But if they were left to you in her will, then surely any debts have to be paid first, before an estate can be distributed?

You are not legally liable for debts in your wife's sole name, but if there is money in the estate, including equity in a jointly owned property, then the estate must pay the debts first.

madbadrob

Until the OP explains what these payouts are no answer can be given with any surety

Rob