Credit Card Debt - Terminally Ill

chattychappy

bigadaj wrote: »

Houses normally do form part if the estate but as you say the nature of the ownership will also be relevant.

True.

However, even if the house is held as "joint tenants" and therefore passes outside of the estate, then if the estate is insolvent, creditors can make a claim against the house. It needs a court order, though, and I doubt whether CCs bother for the sake of relatively small amounts.

bigadaj

chattychappy wrote: »

True.

However, even if the house is held as "joint tenants" and therefore passes outside of the estate, then if the estate is insolvent, creditors can make a claim against the house. It needs a court order, though, and I doubt whether CCs bother for the sake of relatively small amounts.

I agree but we've no indication of the level of debt, if it's into the tens of thousands then a charging order might be considered, for a few thousand or less than unlikely they would bother.

bigadaj

Malcnascar wrote: »

Your family member may possibly have other assets which need to be considered. There may be pension funds and if so make sure the details are known. It is important that if there are pension funds they establish how they would be treated on death. Most are written in trust, it helps to nominate who gets the fund on death and if its the spouse they should know the fund is not part of the assets of the estate.

It woudo be very unusual for a pension not to be held in trust, so it's very unlikely that a pension would form part of the estate.

System

bigadaj wrote: »

I agree but we've no indication of the level of debt, if it's into the tens of thousands then a charging order might be considered, for a few thousand or less than unlikely they would bother.

There is also some reputational damage if they are seen to be hounding the dying or deceased.