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deceased`s debt help

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System
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This discussion was created from comments split from: 12 year council tax arrears after a death.
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  • 77even
    77even Posts: 2 Newbie
    First Post
    My father passed away 5 weeks ago leaving my mother 76 years old. Most banks and credit card Co's have been helpful with bereavement depts getting deaths Certs etc... Marks & Spencers are by far the worst, the most disgusting, bear in mind that my fathers credit card acct with M&S was in his name alone NOT joint are anything to do with my mother, yet, M&S are demanding my mother is liable AND she is to complete an assets and liability form, if she does not complete the assets & liabilities form ( of herself) they threaten to send for debt collectors. My mother is besides herself with worry..... 
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Tell her to complete nothing they send her, she is not liable in any way, shape or form.
  • sourcrates
    sourcrates Posts: 31,601 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Moved to new thread.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • RAS
    RAS Posts: 35,672 Forumite
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    Who are the executor's of his estate?

    Is it solvent ( more assets than debts)? If so the estate pays any outstanding debts before disbursal, assuming England and Wales.
    If you've have not made a mistake, you've made nothing
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Tell her to complete nothing they send her, she is not liable in any way, shape or form.
    But the estate probably is.
  • sourcrates
    sourcrates Posts: 31,601 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 18 July 2020 at 7:03PM
    This is an unsecured debt, and if in your fathers name only, was his sole liability.
    However if he left an estate, any assets from that estate should be used to pay any remaining debts, once the value of his estate has been realised, any other debts that cannot be paid, should be written off, and no one else will be liable for them.
    I think there have been crossed wires here, you should never speak to call handlers about such matters, do everything in writing only, M&S will know perfectly well how this goes down, tell her not to sign anything, debt collectors are nothing to be worried about, they can be stopped with one letter.
    This is nothing to be worried about.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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