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debt from my late mum

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my mum died on the 17th sept owing money to a catalogue they have said they want there money from the estate. the thing is there is no estate they are sayin they are checkin probate but there was no probate. can they demand that we pay the money.i cant afford to as im just about to enter a DMP to sort my debts out let alone paying my mum debts.

Comments

  • Hi juliesg,

    Firstly, I'm ever so sorry to hear about your mum and I'm sure this sort of hassle is the last thing you need right now :(

    I'm afraid I don't know the legalities in situations like this, but I'm sure someone else will know and will be along soon, you just sit tight for a little while.

    Scarlett xx :)
    You can't control everything in life....... your hair was put on your head to remind you of that :p

    Proud to be BSC no. 103
  • Sorry about your mum
    If there is no estate tell them to go jump.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • hypno06
    hypno06 Posts: 32,296 Forumite
    10,000 Posts Combo Breaker
    I would write to them with a copy of the death cert simply saying that there is no money in the estate, and that probate will not be obtained as a result. Get it signed by the executors if there are any, or simply next of kin if not.

    They should accept this. I am sorry that you are being put under this additional stress at this already difficult time.

    If you have no joy, contact CAB and ask them if they can help out.
    Successful women can still have their feet on the ground. They just wear better shoes. (Maud Van de Venne)
    Life begins at the end of your comfort zone (Neale Donald Walsch)
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Found the thread at last. Sorry to hear about your mum.

    Hopefully this link should answer a few questions.
    http://www.insolvencyhelpline.co.uk/debt_special_situations/debt-after-death.htm
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • ukbill69
    ukbill69 Posts: 2,790 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Sorry about your mum, write them a letter and say there's no money, so take me to court. It wont go there as you money debts die with you.
    Kind Regards
    Bill
  • i work for o2 and work for o2 and as part of the bereavement team who deal with calls from relatives of our account holders who have passed away. If there is no estate then we would never ask the family members to pay up (in some cases we do ask for a copy of the death certificate so that we can close down account and write off charge) . If there is nothing there then they cannot expect it to be paid.
    The only thing worse than being talked about is not being talked about - Oscar Wilde:beer:
    Big sister to Hayley11 and Before Hollywood and adopted daughter of Vikingero
  • Doodles
    Doodles Posts: 413 Forumite
    Part of the Furniture 100 Posts Photogenic
    Hi juliesg
    First off, sorry to hear about your mum. I thought I'd post here as I was in a similar position 2 years ago when my mum died. Like your situation, she had nothing to her name, and consequently there was no probate.

    Be reassured that the debt was your mums and not "yours". They can't demand money from you, as the debt doesn't belong to you, and no estate exists to pay it from. End of!

    Like another poster said, send them a copy of the death certificate, signed by next of kin. State there is simply no estate and no consequent probate arrangement, therefore there are no funds to repay them from and that they unfortuntaely will have to write-off the debt, and therefore you consider the matter closed. Be quite firm about it though in your letter. Don't let them think for one second that you might be prepared to waiver and pay them from your own money, don't even mention anything like that.

    Best of luck,
  • juliesg
    juliesg Posts: 1,362 Forumite
    Part of the Furniture Combo Breaker
    thank you all for ur replies they have had a copy of the cert so i just see wot happens now when they look into probate
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