Friends Husband passed away with credit card debt, any advice appreciated

PaulW922

Totally agree with Galileo. You cannot 'inherit' a debt. This has always been the case. However as executors you are responsible for ensuring that the deceased person's estate is probably administered and the will discharged. So you might have had to pay some bills but only out of the estate, not from your own money.

I also agree that some finance companies and debt collectors will tell out and out lies to get money off of people under any circumstances.

magicmaria

Hi

My husband died also 44 - 5years ago and had cc debts with over 5 companies it took a few phone calls and a letter with a copy of the death certificate but they WILL write off the debt - they will try first to get you to pay this off but DO NOT they are just trying to scare you

MRSTITTLEMOUSE

When my mother in law died we found out she owed money to a lot of people.We were told by a solicitor that since she did'nt have any property ect to release funds from then her debts died with her.We were not liable in any way.We wrote and sent details to her creditors,sending a photo copy of the death certificate when requested.We were never bothered after that.If there had been any property ect. then we would have had to take the money from this to clear the debts.
I agree with magicmaria when she says they will try to get you to pay,you are not legally obliged to and let them know firmly that you have no intention of doing so.

inmypocketnottheirs

MRSTITTLEMOUSE wrote: »

I agree with magicmaria when she says they will try to get you to pay,you are not legally obliged to and let them know firmly that you have no intention of doing so.

Just to clarify:
Debts do not die upon death. Any debt is to be settled out of the estate deceased. If there are insufficient funds to settle any debt, then the debt is written off.

PurpleReindeer

I was of the belief that others can be held accountable. I have a friend who's relative died and left his family to deal with the debts - but I think he'd quoted another's name. I agree with MagiicMaria, I think that companies use scare tactics.
It seems so brutal, have you tried calling a solicitor or Citizen's Advice Bureau? I am looking into Credit Card Insurance to try and protect my loved ones should something happen to me. It all seems a bit pricey so I'm not sure if it's really the best way.
I'm still waiting for advice, sorry I can't be of more help.

PaulW922

You definitely cannot inherit a debt. It should be paid out of the deceased's estate. The only exception would be if you are for example, a joint account holder, or have guaranteed the debt yourself, or your home has been used as security. Otherwise that is it - there is nothing the creditor can do.

DSmiffy

PaulW922 wrote: »

You definitely cannot inherit a debt. It should be paid out of the deceased's estate. The only exception would be if you are for example, a joint account holder, or have guaranteed the debt yourself, or your home has been used as security. Otherwise that is it - there is nothing the creditor can do.

Can someone please clarify this for me... my father has just passed away leaving a credit card debt of £3,000 on a card which was in his name only. My mother survives him.. What i need clarifying is this:-

They own a home together, mortage paid. My father had no savings, I assume that the house goes straight to my mother as my father had a simple will which states that all he has is to go to my mother, which is his half of the house, there is nothing else.... Can the credit card company claim from my mother by making her take a loan against the house, is that what is meant by claiming from his estate??
Any help most appreciated.

MrsTinks

They can claim against his estate. So if the house was a shared ownership then they can put a claim on his half of the house I believe... The fact his put your mother as primary beneficiary doesn't matter I think... the fact is whatever is left of his estate will be hers... Then again it's an unsecured debt... I'd say check with a solicitor to be sure - as it's a property it might be more complex.

PaulW922

The deceased person's debts must be paid from their assets (estate) before any inheritance can take place. The estate includes your father's share of the house. Your mother inherits what is left after the debts are paid but she has no personal liability for the debts herself (unless they are joint debts). You really need to take some advice if you don't know what to do. If you visit the Government website at direct.gov.uk you will find help on what to do when someone dies.

LittleVoice

DSmiffy wrote: »

... my father has just passed away leaving a credit card debt of £3,000 on a card which was in his name only. My mother survives him.. What i need clarifying is this:-

Had the credit card company sold him any insurance to cover the cost in the case of death (or redundancy if he was working)? If so, it will be covered. Check statements over the last year.