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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My father recently passed and has a credit card and a loan

Resolved Question:

My father recently passed and has a credit card and a loan in his name which my mother knew nothing about! Who is responsible for this debt? or does it go with him? please advise? Brett Moor
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Are there any assets or money left in his estate?
Customer: replied 1 year ago.
No, just my mother and fathers house.
Expert:  Ben Jones replied 1 year ago.
Do you know if they own the house as tenants in common or joint owners?
Customer: replied 1 year ago.
They were joint owners of a £50,000 park home.
Expert:  Ben Jones replied 1 year ago.
I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Your mum is NOT responsible for the debt whatsoever. If your Dad has an estate then any debt due would come out of the estate, but if there are insufficient funds to cover it, the debt will be written off.
Your mum is NOT responsible.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
So the house my mother and father lived in is a £50000 park home!! That's all they had/have?!! Would his debts have to come out of the home???
Expert:  Ash replied 1 year ago.
Potentially yes, but not more than 50% because that is your mums.
I am sorry.
Alex
Customer: replied 1 year ago.
Who decides how much its worth and how much they take??? This is a first for me and I'm trying to take the stress off my mother!!!
Expert:  Ash replied 1 year ago.
Indeed. It would need to be valued. They could take approx half the value as they are 50/50 owners.
Alex
Customer: replied 1 year ago.
But his debts are in his name and my mother was unaware??
Expert:  Ash replied 1 year ago.
That makes no difference. She is not liable for his debts but he owned an asset, so those debts should come out of HIS share of that asset.
I am sorry.
Alex
Customer: replied 1 year ago.
So my mother will lose the house???
Expert:  Ash replied 1 year ago.
Potentially. They may not come after it and just write the debt off.
I am sorry.
Alex
Customer: replied 1 year ago.
Shocking?!!! Thank you
Expert:  Ash replied 1 year ago.
I agree its unfair, but sadly thats the law.
Good luck with it.
Alex
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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