hello

[Kzeee]

HI, my names kaz, Im from the north east of England and Im hoping for some advice here on debt left by my mother after her recent death.

[Caspar]

Re: hello

Hi Kaz and welcome to LB!

What do you want to know?

[Kzeee]

Re: hello

Hi Kaz and welcome to LB!

What do you want to know?

hi casper thanks! my mother died this month 3rd, and she had put me on her bank account a few weeks before she died so that i could get money out for her when she got bad, and to be able to close her account down etc. now i have to fill out sme asset form as she had a credit card with about £10.000 left on. she didnt have her own house and no money really cept for a few hundred. Will they chase me to pay it?

[Caspar]

Re: hello

In short no! It's not your debt.

For a detailed explanation I'll message someone who knows a lot about these things for you, but don't worry - the answer is definitely no they won't!
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Message sent!

[The Debt Star]

Re: hello

what was the money spent on? what was the balance at death? was there a surplus after the funeral and testamentary expenses?
Although the account was transferred into joint names the money belonged to your mother and it will be regarded as beneficially hers and as such treated as part of her estate.
If the estate is solvent ie there is anything left after the payment of funerary and legal costs, then creditors will have to be paid. I would take the view that the transfer of the account into joint names was not intended as a gift but rather that you could help your mum manage and access her money when she became too poorly to do so herself, hence it is an asset of her estate and you should pay any of her creditors from it.
I would recommend you see a solicitor to get formal legal advice on this.

[Kzeee]

Re: hello

Thank you both
there was only literally a few hundred left in the account, so that would go towards funeral costs, (not paid yet) also she only rented her house so had no assets. The card had about ten thousand left to pay and i think she was paying it through a debt collection service or one of those places that help you pay a set amount a month.

[di30]

Re: hello

Hi and welcome to Legal Beagles.

So sorry of the sad loss of you're beloved mum.

I see you getting the help required and all the best on this. x

[The Debt Star]

Re: hello

Thank you both
there was only literally a few hundred left in the account, so that would go towards funeral costs, (not paid yet) also she only rented her house so had no assets. The card had about ten thousand left to pay and i think she was paying it through a debt collection service or one of those places that help you pay a set amount a month.

what was she spending the money in the joint account on in the lead up to her death? yes a few hundred left by the time she died, but what about prior to that point?

assuming the savings were either not very much in the first place or else expended by her on her own needs, then her estate is what is referred to as an "insolvent estate."

Insolvent or partially insolvent estates arise where there are insufficient assets to meet all of the estate's liabilities. Funerary and testamentary expenses take priority. What's left is split equally between the remanining creditors. In this case there is probably absolutely nothing left for the credit card and they won't get anything. It is not your liability and the liability is your mother's estate's debt, but as there is nothing in it they cannot be paid.

You should communicate this to the DCA managing the credit card account. I would also advise the Original Creditor as well. You won't be taking out a Grant of Prepresentation and can just walk away from this.

What concerns me slightly is what money was spent and how much and by whom in the months preceding your mother's death. If therre was any attempt at a deliberate deprivation of her assets to dodge the credit card debt then they may start to ask some very awkward questions.........

........advice in post 5 stands good.

[Kzeee]

Re: hello

Hi and welcome to Legal Beagles.

So sorry of the sad loss of you're beloved mum.

I see you getting the help required and all the best on this. x

Thank you so much

[Kzeee]

Re: hello

what was she spending the money in the joint account on in the lead up to her death? yes a few hundred left by the time she died, but what about prior to that point?

assuming the savings were either not very much in the first place or else expended by her on her own needs, then her estate is what is referred to as an "insolvent estate."

Insolvent or partially insolvent estates arise where there are insufficient assets to meet all of the estate's liabilities. Funerary and testamentary expenses take priority. What's left is split equally between the remanining creditors. In this case there is probably absolutely nothing left for the credit card and they won't get anything. It is not your liability and the liability is your mother's estate's debt, but as there is nothing in it they cannot be paid.

You should communicate this to the DCA managing the credit card account. I would also advise the Original Creditor as well. You won't be taking out a Grant of Prepresentation and can just walk away from this.

What concerns me slightly is what money was spent and how much and by whom in the months preceding your mother's death. If therre was any attempt at a deliberate deprivation of her assets to dodge the credit card debt then they may start to ask some very awkward questions.........

........advice in post 5 stands good.

I dont know exactly what it is what spent on except for normal living expenses. My mother had previously had a bit of a do sorting out her sisters finances a couple of years beforehand and so when she realised she was getting pretty bad herself wanted to make it easier for me to access money for her and to be able to close her account and access whatever money was in to maybe go towards funeral costs ,,, im not really exactly sure what was in her mind i just went along with whatever she wanted, She was actually diagnosed with lung cancer late last year,, found when it was secondary in the thyroid,, it spread to the bone in about april and she put me down as a joint account holder in june and died in July. She never had a lot, but because of the cancer had a backdated amount of money ,,, pensions credits or something,, or something to do with disability because of having cancer,, so she recently got extra money other than her pension credits..( in fact of which probably one or two deposits will have to be paid back as the bank made us wait for an appointment to register her death) I do have an assets form to fill out but i just got a bit worried they would say i was liable as being her next of kin. I dont mind paying anything out of whatever money is left, but i dont think there will be anything left.

Thanks to everyone who has replied here,,, very helpful indeed:tinysmile_grin_t: