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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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hi my mums estate is insolvent after she passed away, my dad

Customer Question

hi my mums estate is insolvent after she passed away, my dad still lives in the house they owned together with a small morgage left to pay on it , no problem paying it, but there are some debts in my mums name only, like personal loans and credit cards with a balance on them. who is liable for this debt? will my dad need to sell the house to pay for them?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

I am sorry to hear of your loss.

If your Mum's Estate is insolvent, I am happy to say that no-one else is responsible for paying any loans/credit cards which were held in your Mum's sole name. All your Dad will need to do is to write to the Companies, explain the position, and they will then write off the debt.

As regards the property, provided this was held by your Mum and Dad as "Joint tenants", this means the property now passes automatically to your Dad through survivorship, and your Mum's "half share" does not form part of her Estate, and her creditors are not entitled to make any claim over her previous share.

I hope this assists you and sets out the legal position.

Please let me know if you require any further clarification.

Kind Regards
Expert:  Aston Lawyer replied 3 years ago.

Hi Scott,

Can I be of any more assistance to you?

Kind Regards