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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Terminal illness insurance being paid into mothers account.

Customer Question

Terminal illness insurance being paid into mothers account. If we (daughter) withdraw the money assigned as specified in the Will, what happens to any outstanding credit card debts she has when she dies?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Just to check - is your mother still alive, and does she have any other assets?
Customer: replied 4 years ago.
Mum is a live now but by time it's paid she will have passed. She has no assets.
Expert:  Clare replied 4 years ago.
I am afraid that if the money is not received into her account until after her death then it will form part of her estate and will have to be used to pay the debts.
If it arrives before her death then she can do with it whatever she pleases - and her debts will die with her if she has no other assets
However I am afraid you will have to prove that it was received and given away prior to her death.
I hope that this is of assistance - please ask if you need further details