Late Wife's Debts

Mojisola

Newly_retired wrote: »

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?

To be sure of the position, he should take all the paperwork and have a short appointment with a solicitor.

Glider2439

I apologise for the lack of detail and do appreciate your responses. My wife worked for the NHS and on her death I received a cheque from NHS Pensions for Death Benefits made out to my name of £45,000.

As the cheque was made out to me does this money form part of her estate?

Thank you for your patience!

thorsoak

Glider2439 wrote: »

I apologise for the lack of detail and do appreciate your responses. My wife worked for the NHS and on her death I received a cheque from NHS Pensions for Death Benefits made out to my name of £45,000.

As the cheque was made out to me does this money form part of her estate?

Thank you for your patience!

It sounds as if it was death in service benefits and as such is generally considered outside her estate.

thorsoak

Glider2439 wrote: »

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.

As debts must be repaid before any bequests can be paid out, I suggest that you ask the bank for a settlement figure for the loan - an early repayment may well bring up a lesser figure than the £7,000.

You've said that the £45,000 is a death in service benefit, which is normally considered outside the estate, but morally I would think that the balance of the loan could be repaid from this.

Mojisola

Glider2439 wrote: »

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?

thorsoak wrote: »

As debts must be repaid before any bequests can be paid out, I suggest that you ask the bank for a settlement figure for the loan - an early repayment may well bring up a lesser figure than the £7,000.

You've said that the £45,000 is a death in service benefit, which is normally considered outside the estate, but morally I would think that the balance of the loan could be repaid from this.

Legally, no. Morally - as thorsoak says - probably, especially if the loan was for something that you benefitted from.

getmore4less

no other assets usual no car ,house share, jewelry ...