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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 3668
Experience:  Barrister at law
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My Mum recently passed away and she had taken out and was

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Hi there. My Mum recently passed away and she had taken out and was paying back an Amigo loan every month, of which I am the guarantor. I need advise in what happens in this situation, do I have to solely pay this off myself? Please help.
Assistant: Where are you? It matters because laws vary by location.
Customer: I'm in Maidstone, Kent
Assistant: What steps have you taken so far?
Customer: This is the first step I have taken, seeking advice. My Mum only passed away yesterday, but need to sort it as soon as possible.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of.

Hello, my name is ***** ***** I’ll do my best to assist you today. I am sorry for your loss.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Your mother's estate would be liable in the first instance for the loan, but if there is not enough money in the estate to clear the loan then as guarantor you will remain personally liable for the debt I'm afraid.

Her estate includes property, cash, savings, items of value etc.

Are there sufficient assets to discharge the loan, do you think?

Customer: replied 8 days ago.
Property I think could cover it, I am unsure though. She didn't have much in the way of cash/savings or items of value really.How would this process usually go ahead? How is the money taken from the estate? I apologise, I am not very clued up on any of this.

Of course.

Did she leave a will? If so, it would appoint an executor to manage her affairs after she died.

If not, then you will have to consider applying to administer the estate - and opening probate which deals with these issues.

Either way, you should contact the loan company and explain the situation, and that the estate should be able to discharge the loan, but that it will obviously take some time to sort out the affairs.

Depending on the terms of the loan, the loan company may be able to freeze payments whilst probate is completed.

I hope this assists.

Can I clarify anything further?

Customer: replied 8 days ago.
Thank you, ***** ***** your help. I will contact the loan company to get further assistance.

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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