Timbo33

Any legal eagles out there able to put my mind at rest?

My ex-wife just died and we're worried that her debts may exceed her assets (as the only assets appear to be a rusty BX19 estate, an old PC and a telly, this seems quite likely)

If so, are my daughters, aged 21 and 23 responsible or can her estate be declared bankrupt?

fitzscoob

i think after death no debts carry over. debts cannot be passed on.

sorry for your loss.

dimma

Hi mate.

I think you'll find that legally her debts die with her - although some companies choose to ignore this rule as most of us public do not know about this and therefore the companies badger the grieving relitives for the deceased's debt's.

Double check with the citizen's advice beauro - a phone call should be enough and you can then start telling the companies where to stick the debt!!

There are some exclusions - like if there was a second name on a lease or loan or if she stood as a guarentor. If someone stood as guarentor for her they will incurr the outstanding debt!!

Double check mate before you take my advice but I cant see the law has change in the past few years since I studied it.

camk

Credit Card debt dies with the cardholder, however many card companies try it on. This was based on experience under Scottish law.

i8gtmf

My mum died about 6 months ago and basically me,my brother and sister didn't have to pay ant depts that were outstanding whether it be phone,gas,rent,etc the only expenses we had were funeral cost.

Dazza012

All her estate will transfer to a solicitor who will pay of as many bills with the remaining monies as they can.

The bills that are left unpaid stay unpaid as there is no more money left in their to pay them, so unless they have been co-signed the debt dies, if they have been co-signed then they will chase that person for the cash.

This is what i am led to believe happened, when a family friend died sonme 4 years back.

wakeboardar

inland rev can pursue relatives in certain cases
for instance if she rented a flat or house to someone the new owner could be liable for unpaid tax

Toonman1

Only if a Solicitor has been appointed as Executor, otherwise whoever has been been nominated will deal with the estate. If someone dies without making a will (Intestate), an Administrator will be appointed by the Court.