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    • Pelmore
    • By Pelmore 12th Apr 18, 4:28 PM
    • 3Posts
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    Pelmore
    Am I liable for the debt of my late husband
    • #1
    • 12th Apr 18, 4:28 PM
    Am I liable for the debt of my late husband 12th Apr 18 at 4:28 PM
    Not sure if I'm posting in the correct place!

    My husband died last week, he dealt with all finances. I have notified the two credit card companies he had outstanding balances with. The cards were solely in his name, am I liable to repay the balances? We live in France and were living solely on his pensions, I'm not eligible for mine until Sept. 2019, I will not have an awful lot to live on and won't be able to afford to pay these debts.
Page 1
    • antrobus
    • By antrobus 12th Apr 18, 4:38 PM
    • 15,851 Posts
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    antrobus
    • #2
    • 12th Apr 18, 4:38 PM
    • #2
    • 12th Apr 18, 4:38 PM
    Not sure if I'm posting in the correct place!

    My husband died last week, he dealt with all finances. I have notified the two credit card companies he had outstanding balances with. The cards were solely in his name, am I liable to repay the balances? We live in France and were living solely on his pensions, I'm not eligible for mine until Sept. 2019, I will not have an awful lot to live on and won't be able to afford to pay these debts.
    Originally posted by Pelmore
    Are these UK cards or French cards?

    In the UK your husbands credit card debts would be payable out of his estate. Are there any assets in the estate to pay the debt?

    I imagine the same rules would apply in France. But I don't know for certain. Neither do I know whether the estate should be ealt with under UK or French regulations.
    • lisyloo
    • By lisyloo 12th Apr 18, 4:40 PM
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    lisyloo
    • #3
    • 12th Apr 18, 4:40 PM
    • #3
    • 12th Apr 18, 4:40 PM
    Sorry for your loss.

    Is there a property owned by your husband?
    Are there any other assets in his estate e.g. savings? investments?
    will there be any life insurance pay out?

    If there is nothing then you are not liable for his debts, but if there is money in his estate then that will be used to pay debts before any inheritance is paid out.
    Sometimes (in the UK) assets pass via survivorship if theya re joint and don't go into the estate but I have no idea about french property.

    If you want a full answer you'll need to tell us about all the assets he has incuding property.
    • Pelmore
    • By Pelmore 12th Apr 18, 4:45 PM
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    Pelmore
    • #4
    • 12th Apr 18, 4:45 PM
    • #4
    • 12th Apr 18, 4:45 PM
    The only asset we have is the house, when we bought it we had a Tontein clause put in whereby should anything happen to either of us it automatically passes to the remaining spouse. There is under 10,000 in his UK bank account and I have to pay the funeral out of that.
    • antrobus
    • By antrobus 12th Apr 18, 4:53 PM
    • 15,851 Posts
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    antrobus
    • #5
    • 12th Apr 18, 4:53 PM
    • #5
    • 12th Apr 18, 4:53 PM
    The only asset we have is the house, when we bought it we had a Tontein clause put in whereby should anything happen to either of us it automatically passes to the remaining spouse. There is under 10,000 in his UK bank account and I have to pay the funeral out of that.
    Originally posted by Pelmore
    If there is anything left over after paying the funeral costs, the balance would go the CC debt.

    In the UK creditors could apply for a court order to attach the debt to the house, irrespective of the Tontine clause. Whether they would bother might depend on how much was owed.
    • jonesMUFCforever
    • By jonesMUFCforever 12th Apr 18, 4:55 PM
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    jonesMUFCforever
    • #6
    • 12th Apr 18, 4:55 PM
    • #6
    • 12th Apr 18, 4:55 PM
    Sorry for your loss.

    After the funeral costs are the credit cards the only other debt?

    What did he owe on the cards?

    Will he be buried in the UK or France?

    Do you have a rough idea of what the funeral will cost?

    Any life policies or lump sums due from any private pensions?

    Sorry to ask all the questions.
    What goes around - comes around
    give lots and you will always receive lots
    • Ms Chocaholic
    • By Ms Chocaholic 12th Apr 18, 5:07 PM
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    Ms Chocaholic
    • #7
    • 12th Apr 18, 5:07 PM
    • #7
    • 12th Apr 18, 5:07 PM
    Was his UK account a single account or joint.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • jonesMUFCforever
    • By jonesMUFCforever 12th Apr 18, 5:20 PM
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    jonesMUFCforever
    • #8
    • 12th Apr 18, 5:20 PM
    • #8
    • 12th Apr 18, 5:20 PM
    Was his UK account a single account or joint.
    Originally posted by Ms Chocaholic
    OP stated HIS account in UK.
    I know where you are going - a joint account upon death goes to the survivor etc.
    What goes around - comes around
    give lots and you will always receive lots
    • lisyloo
    • By lisyloo 12th Apr 18, 5:27 PM
    • 22,277 Posts
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    lisyloo
    • #9
    • 12th Apr 18, 5:27 PM
    • #9
    • 12th Apr 18, 5:27 PM
    There is under 10,000 in his UK bank account and I have to pay the funeral out of that.
    An average funeral in the UK is 4256.
    If it's his account then the credit cards will have to be paid after these costs.

    In the UK creditors could apply for a court order to attach the debt to the house, irrespective of the Tontine clause.
    I'm sure you are correct being a respected poster, but can you explain to me how that works. The debt is his and the property would be hers.

    and were living solely on his pensions
    Was he using drawdown? i.e. is there any money left in his pension(s)
    • Pelmore
    • By Pelmore 12th Apr 18, 5:38 PM
    • 3 Posts
    • 0 Thanks
    Pelmore
    My husbands UK Bank Account was in his name only.

    The funeral has already taken place, it was 3,600.00 euros plus I have to pay for the person who took the service.

    There are no insurance policies. Basically all there is is what is in his Bank Account.
    • lisyloo
    • By lisyloo 12th Apr 18, 5:40 PM
    • 22,277 Posts
    • 10,908 Thanks
    lisyloo
    am I liable to repay the balances?
    His estate is liable to repay the balances.
    i.e. his UK account balance minus the funeral costs.

    That's how it would work if UK law applies.
    • dazza.mk
    • By dazza.mk 13th Apr 18, 11:35 AM
    • 1,856 Posts
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    dazza.mk
    I'm sure you are correct being a respected poster, but can you explain to me how that works. The debt is his and the property would be hers.(s)
    Originally posted by lisyloo
    @Lisyloo, the creditor can apply for an insolvency administration order that would allow them to lay claim to what was the deceased portion of a joint tenancy house, although rare and that would of course require for the estate to be dealt with under English Law, if dealt with under French law know knows how it would work.
    • WillyWonga
    • By WillyWonga 13th Apr 18, 1:33 PM
    • 308 Posts
    • 172 Thanks
    WillyWonga
    From experience when my mum passed away with cards in her sole name leaving my dad wondering what to do. we wrote to the companies with a copy of the death certificate. We advised no estate, no savings etc. One company checked land registry and others wrote off debts. After a month the other wrote off. If you have a house in France they will not pursue.

    Be firm and fair. Best wishes
    • agrinnall
    • By agrinnall 13th Apr 18, 3:24 PM
    • 20,709 Posts
    • 16,548 Thanks
    agrinnall
    From experience when my mum passed away with cards in her sole name leaving my dad wondering what to do. we wrote to the companies with a copy of the death certificate. We advised no estate, no savings etc. One company checked land registry and others wrote off debts. After a month the other wrote off. If you have a house in France they will not pursue.

    Be firm and fair. Best wishes
    Originally posted by WillyWonga
    But the OP can't do that because there is an estate and there are savings. And I don't see why the card issuer wouldn't at least consider pursuing a house in France, although they might decide it's not worth the effort (especially if they can get part payment from the cash that is in the estate).
    • jonesMUFCforever
    • By jonesMUFCforever 13th Apr 18, 4:19 PM
    • 25,080 Posts
    • 12,334 Thanks
    jonesMUFCforever
    As we don't know the outstanding debt it is difficult to advice further IMO.

    I do wonder though what the OP will now live on as presumably the pensions will stop or at best be 50% of husband's pension if it was a private one with dependent option.
    What goes around - comes around
    give lots and you will always receive lots
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