Am I responsible to pay off my deceased fathers credit cards?

pillsbury

Am I responsible to pay off my deceased fathers credit card debts?

My Father died recently and as next of kin I am now being contacted by all his credit card companies to let them know what is happening with the estate.

We are currently applying for a letter of administration as there was not will, however this is only a administrative proceedure.

My father left no money and had many debts including a restriction on his share of the house from a previous bankrupcy. There is no money to pay off these cards unless we sell the house - which we want to avoid doing as it will make my fathers partner homeless.

Many people have said that I should not have to pay back the credit card companies even though he had no credit card insurance and that the debts should be written off. Is this correct? can anyone help?

Rover

As far as I'm aware you are in no way responsible for your Fathers debts.
However, I would imagine they would have a legimate claim on his estate.

In the absence of any informative replys, I would visit Citizens Advice.

Xbigman

Is the house in joint names?

If it is you need to see CAB immediately but it is likely to be bad news.

If it was solely in your fathers name you will have to sell it. It forms part of your fathers estate and its the estate that owes the money. Anyone that has a charge on the property like the OR will be paid first. After the house is sold you may find you still have some debts to the CC companies and these will be written off. If there is a surplus in the estate this will be divided up using the 'intestacy' laws applicable in this country. If your father was married it will go to his wife. You said he had a partner and not a wife so I assume they were not married. In that case see the CAB as it is much more complicated.

When this happened to me I became the administrator of the estate for my father and I split everything 50/50 with my brother by mutual agreement. If everyone who might have a claim on the estate agrees your fathers partner gets it all then she does, regardless of not being married.
Regards



X

Clariman

The basics are as Xbigman has suggested. The debts are owed by your father's estate. This means that when all his assets are worked out - house, savings, value of other goods - your father's creditors will have to paid out of this money. You need to seek some professional advice. Also there is a Wills & Probate discussion board on the Motley Fool which is frequented by at least one probate lawyer who answers when she can. It might be worth posting on there ....

http://boards.fool.co.uk/Messages.asp?bid=51094

Good luck and condolences.

Clariman