Personal Car Loan after Death

g6jns_2

noh wrote: »

If it was owned as joint tenants ownership would not be transferred by the will.

I said jointly owned not joint tenancy! Even if it is joint tenancy, as seems likely, 50% of the value is part of the estate as far as debts are concerned so in that respect it does form part of the estate. In other words if the estate debts exceed the assets then the deficit can be claimed against the house value. To avoid losing the house the deficit needs to be raised. A mortgage may be possible that would enable the fiance to be paid off as well as the funerals expenses.

noh

g6jns wrote: »

I said jointly owned not joint tenancy! Even if it is joint tenancy, as seems likely, 50% of the value is part of the estate as far as debts are concerned so in that respect it does form part of the estate. In other words if the estate debts exceed the assets then the deficit can be claimed against the house value. To avoid losing the house the deficit needs to be raised. A mortgage may be possible that would enable the fiance to be paid off as well as the funerals expenses.

It is unlikely to be a joint tenancy as the property was passed to the mother by the will.
From what has been posted there is no suggestion that the house was jointly owned (either as joint tenants or tenants in common) therefore the estate cannot be insolvent as you suggested in your post #14

Keep_pedalling

Matthew_c wrote: »

It makes it a little more difficult with my mother as she is disabled/deaf and currently lives in a 1 bedroom house. She doesn't work nor does she have any savings...The thought of having to sell the house would probably finish her off...think I will get some advice from a solicitor....

Matthew, if you have not done so already speak to the car loan people and explain the situation. The difference between current value and the dept is very small, so they may just write the difference off. You may also be able to get government help with the funeral costs providing you apply within 3 months of the funeral.

If you or any of your siblings can afford to do so consider loaning or gifting the money to pay the debts and make sure she is claiming for all the benefits she is entitled too such as attendance allowance. I have an elderly widowed mother with little in the way of income or savings so I know that financial burdens can be a big worry for people in her situation.

You should also consider sorting out a lasting power of attorney (LPA) so you can help her manage her finances in the coming years.

g6jns_2

noh wrote: »

It is unlikely to be a joint tenancy as the property was passed to the mother by the will.
From what has been posted there is no suggestion that the house was jointly owned (either as joint tenants or tenants in common) therefore the estate cannot be insolvent as you suggested in your post #14

See post #8 that suggests JT.