We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Credit cards and Debt Collection after death

Options
Hello -
Need some advice.
My father recently passed away, and I am now sorting through his 'affairs'
We have discovered a sizeable amount of debt owed to Amex, and two debt collection letters from Wescot and Cabot....


His estate was made up of £250 in the bank and a few quid in his pension account (literally a few quid)


the house was a former council house purchased 20 years ago, The names on the Land Registry were my Dad, Mother and myself.
Both parents have since passed away, I have had their names removed from the Land Registry - as I was joint owner.


Where do I stand with the debt?
His estate is zilch in comparison to what is owed..... Having a few sleepless nights :-(


Thanks

Comments

  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    Teh debt can't be inherited, so if there is insufficient funds then just contact the card providers and explain the situation, they can't pursue you for the debt.

    One potential issue is that if the amounts are significant then there is the potential for teh providers to go for a charging order on the property if this is still considered to be an asset that your father had.

    Have you had any dealings with probate, it might be an issue that you need to peel am to a solicitor about and pay them for.
  • ca7csu
    ca7csu Posts: 30 Forumite
    Haven't gone to probate as the money from the bank just got frozen and then moved to my account.
    Other than that he had no other assets or estate


    each card has a debt between 6-8k
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    At the time of death was the house jointly owned as joint tenants or tenants in common?
    This could be crucial if they decide to use the property as leverage to get you to pay.
    If it is tenants in common then half the value of the house would form part of his estate - they may ask you to pay out of this or put a charge on the property so if you sell they might get their money that way.
    If it is joint tenants then you should be ok.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.