Do we need to pay the debts back? Looking for honest advice!

[Guest]

My mum sadly passed in April. We have now had debts appearing from before she was remarried..so 13 years ago. We have found no evidence of them being in contact with mum,but she could have thrown stuff away. PHILIP AND Cohen are dealing with all 4 different credit card debts. There is a small sum of money in bank and pension.

My question is: Do we need to pay the debts back? I will obviously, if we have to, not trying to get round the law....looking for honest advice.

Many thanks.

[Amy]

No sweetie. If you have a death cert you should be able to close their accounts. It gets written off.

[RainbowLeigh]

I think it would depend on which country you are in. In the UK it's 6 years statute bared and most unsecured debt dies with the person but that might not be the case everywhere.

[Sammy]

No, you don’t you send her death certificate to them, and they close the accounts for the debt. Sorry for your loss x

[Gill]

Any money owed can be recovered from the estate. If there is no money in the estate then they should just get written off.

[Tracy]

If your mum never made a payment to any of these debts in the last 6 years then the debts are statute barred and cant be enforced. Only government money owed or anything HMRC is exempt from that.

I would ask for evidence of any payments your mum may have made to them n if nothing in the last 6 years advise them of the statute barred ruling.

Also provide a copy of the death certificate. So sorry for your loss xx

Don't miss: Which debt should I chip off first?

[Ann]

I'm so sorry for your loss and the complicated situation you now find yourself in.

I would seek urgent legal advice so you know exactly where you stand. Advice on here may not be correct for your situation.

Hopefully you have several copies of the death certificate. If so, as you hear from companies, inform them of your mums passing and send a copy of the certificate as proof. Hopefully some will wipe off the debt there and then.

Unless you were guarantor, I cannot see how you will be personally liable for her debts.

But if she has left an estate, I'm not sure whether they can claim from that.

[Amanda]

I’m afraid any debts have to come out of the estate.

[Amanda]

I would send photo copy of death certificate as you can keep original.

[Helen]

So sorry for your loss.

If UK sbd there’s been no contact for 6yrs, I don’t think they can chase the debt. It maybe written of if you send a copy of the death certificate, but I’m not sure if anything in the estate must be used to cover any currently known debt, not historic.

I hope you find the answers you are looking for. X

[Helen]

Sorry for your loss.

We had letters from Philip and Cohen after the death of my uncle and my dad. My uncles was about a phone contract but he was payg. My dads was also for a phone contract but a company he hadn't been with for years and had been on a DD with. When I questioned the debts they never got back to me, which was over 4 years ago.

[Beverley]

If she is remarried her husband maybe but not her children just explain mum has passed they may ask for death certificate.

You may be asked to pay out of the money in bank but when it’s gone if no house or property then it ends there.

[Sheila]

Speak to the credit card people and supply them with copy death certificate. You may find they will write them off if there isn’t enough money in the estate and no property to sell. Don’t despare.

I know someone whose debts finished when they passed away.