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Paying fathers card after death

Hi I wonder if anyone can help my father has a couple of thousand balance on his card in his own name (they both had one each with lloyds/tsb but when they split my mother moved to tsb and my father stayed with lloyds) they both have a joint account with tsb and have no great savings to talk of and are in rented accommodation.

So can my mother be held responsible for his debt ?

Comments

  • molerat
    molerat Posts: 36,283 Forumite
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    Your mother can not be held liable for the debt but if the card is with a bank that they have a joint account with the debt could be taken from that.

    Never associate with idiots on their own level, because, being an intelligent man, you'll try to deal with them on their level - and on their level they'll beat you every time.

    Being hated by idiots is the price you pay for not being one of them.

    Jean Cocteau 1889-1963

  • boliston
    boliston Posts: 3,012 Forumite
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    I wonder if they could put the joint account into overdraft to clear the card in the sole name?
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    There will be a CCA agreement, the person that signed the CCA us liable for the debt and nobody else.
    If it was a joint signature, then both, just his, he was liable.
    I do Contracts, all day every day.
  • System
    System Posts: 178,468 Community Admin
    10,000 Posts Photogenic Name Dropper
    molerat wrote: »
    Your mother can not be held liable for the debt but if the card is with a bank that they have a joint account with the debt could be taken from that.
    However at death the joint account reverts to a sole account in the name of the survivor and is not part of the deceased's estate the same as joint tenants with a house.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I agree with !!!!!!, any funds in the joint current account now belong to the surviving spouse and so cannot be used for the debt.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • The survivor is not responsible for the debt - the deceased's estate is.
    Any surplus after paying the funeral costs should be distributed pro rata on all other debts.
    If the estate is insolvent the executor/administrator should tell Lloyds this and if need be provide a statement of assets and liabilities to confirm this.
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