Mum passed away

debtfree1day

Hello


My mum passed at the end of last week, and I have finally got round to take some action (ie get advice)


1 - There is no will. The only real assets are the property which is mortgage free and has been owned in joint names since purchase 35 years ago. Other assets would include in theory half a car, half a tv, half a set of kitchen crockery etc etc.


QUESTION - My dad has said the ownership of everything is now his, and doesn't see any need to see a solicitor. Issues?


2 - Credit Card debts. I have been ploughing through paperwork and there is several credit cards. 3 in my dads name - circa £7k of debt. Clearly he will continue to owe this. 4 in mums name - circa £9k of debt, and also a couple of store card / catalogue style debts.


QUESTION2 - Do the credit card debts die with mum? We now have death certificate so will clearly need to send copies off to evidence the death but what will happen then?


3 - Pension. Looks like mum has been getting 3 pension incomes....state, employer 1 ( v small) employer 2 (larger 30 yrs of service)


QUESTION3. Does my dad continue to get any of these or do they now cease?


Sorry, I know this is a complicated area, but my dad is grieving badly and at age 77 he isn't going to pick this up and run with it. I live in another part of the country but feel need to take action


Thanks

Glitzer

I'm sorry for your loss.

The good news (for want of a better term) is the debts that in your mum's name only die off with her. You will simply need to contact the creditors to inform them of your mum's death. I've no idea on the other issues I'm afraid as my uncle dealt with everything when my mum died.

patchwork_cat

I am sorry for your loss post this on death and probate section of families board. http://forums.moneysavingexpert.com/forumdisplay.php?f=217

GothicStirling

Glitzer wrote: »

I'm sorry for your loss.

The good news (for want of a better term) is the debts that in your mum's name only die off with her.

Not strictly true. You don't mention whether your Mam had money sitting in bank accounts or other savings? These are assets too. As there is no will, you Dad needs to apply for Probate. If the estate is insolvent, don't expect things to move quickly, my Dad died in May and Barclays are still dragging their feet (for a 3k loan).

fatbelly

Glitzer wrote: »

the debts that in your mum's name only die off with her.

They are paid from 'her estate', after funeral costs. If a nil estate, then they cannot be paid.

GothicStirling wrote: »

you Dad needs to apply for Probate.

Not necessarily

https://www.co-oplegalservices.co.uk/probate-solicitors/how-do-i-know-if-probate-is-required/question-1/

work through the questions.

From what we know, as long as the property was jointly owned and not as tenants in common then the result should be

Probate is unlikely to be required

GothicStirling

fatbelly wrote: »

They are paid from 'her estate', after funeral costs. If a nil estate, then they cannot be paid.



Not necessarily

https://www.co-oplegalservices.co.uk/probate-solicitors/how-do-i-know-if-probate-is-required/question-1/

work through the questions.

From what we know, as long as the property was jointly owned and not as tenants in common then the result should be

Probate is unlikely to be required

Again, not necessarily so. I know from sorting out Dad's estate that his bank would not release funds until they either had a copy of a will and authorisation from the executors, or Probate.


OP, can I also ask who is the registered owner of the car? If its in your mother's then the creditors may demand that your father sells it to make a part payment towards debts. Also, do you know if you mother had any life insurance or pensions? A creditor will expect any debts to be settled with a pay out. Also, don't panic there is priority debts like funeral costs, council tax and utility arrears that must be settled first.

System

GothicStirling wrote: »

Again, not necessarily so. I know from sorting out Dad's estate that his bank would not release funds until they either had a copy of a will and authorisation from the executors, or Probate. .

But that was not a legal requirement but the banks requirement to meet their rules

poppasmurf_bewdley

GothicStirling wrote: »

Again, not necessarily so. I know from sorting out Dad's estate that his bank would not release funds until they either had a copy of a will and authorisation from the executors, or Probate.


OP, can I also ask who is the registered owner of the car? If its in your mother's then the creditors may demand that your father sells it to make a part payment towards debts. Also, do you know if you mother had any life insurance or pensions? A creditor will expect any debts to be settled with a pay out. Also, don't panic there is priority debts like funeral costs, council tax and utility arrears that must be settled first.

I don't think that is correct. If there is a life insurance policy, then the person(s) named in the policy as beneficiaries will get the money. The payout is not part of the estate.