Advise desparately needed

gazza97

1234567890

Crabapple

The basic principle is that joint assets and debts pass to the joint owner, sole name assets and debts are part of the Estate.

So your mother's house, unless she named her husband on the deeds, remains hers and the joint bank account will pass to her.

She will have to repay the joint loan, but not the credit card debt if that is in his sole name. It's unlikely that the loan company will change the terms of the repayment so she will continue to pay as already agreed.

Her bank accounts like the ISAs you mention are not part of the equation, but as you say she may be entitled to different/some benefits now she is on her own, depending on her income. Certainly she should get the single persons discount on Council Tax.

Did your step-father have any assets in his sole name? Those will need to repay the debts he did have.

It sounds like he may have no assets in his Estate, and if he does that they will be less than the debts. The PPI money would be part of his Estate btw.

In that situation it is not a good idea to administer his Estate and certainly not to apply for Probate (it is unlikely to be needed). For the moment get her to deal with joint assets/debts and just notify other companies of the death with a copy of the death certificate, giving no information other than he has died and wait to see what comes back.

Please feel free to come back here for more advice when your family has more idea of what debts there are and what may be available to settle them.

dzug1

1 - pass
2 - no
3 - not personally but she will need to arrange for it to be paid from the estate
4 - yes
5 - no
6 n/a
7 - no. A new cheque will be needed
8 - yes
9 - maybe, but probably not

Crabapple

gazza97 wrote: »

Thanks for the quick reply. I was informed that as he had wages paid into the joint account at the same time some of the mortgage payments were made from that account before mum cleared the mortgage that creditors (Barclaycard) would see the house as part of his estate? is this incorrect? She was also working at this time by the way.
Thanks

Some people seem to think it is very easy to claim an interest in a property just because some money is being paid into joint finances. It really isn't. His wages going into a joint account is immaterial.

I can't imagine a credit card company trying that tack to be honest, it would cost them way more than any debt and they would be highly unlikely to win.

Crabapple

Further thought, if he was employed has your mum looked into whether there is any death in service payment or benefits due from there? It wouldn't be part of his Estate, but would obviously help her.

Crabapple

Death in service just means while employed, not that he had to actually die at work. It's certainly worth asking, many employers have such a scheme.

JimmyTheWig

Presumably half the balance of any joint account would be part of the estate?

Alter_ego

Were they married, or did I miss that?

greenval

'Joint accounts ' are not part of the estate and simply go to the survivor. Only accounts in deceased's name form part of the estate.

dzug1

Your mum's ISA is NOT part of the estate

macman

The mobile contract (s) will become void as of his date of death. Inform the provider with a certified copy of the death certificate, and any payment or credit due should be billed to the estate. Not your Mum's concern.
Nor was the Barclaycard debt, but too late now.