Write off overdraft of deceased person?

B

Bright

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My father passed away and left and overdraft of approx €1500 with the bank. He was on illness benefit and had no assets that I am aware of. However, there is a small amount of money due from a releative's estate if their property sells (its not even up for sale and unlikley to be for some time). Do I have to notify the bank of this, and would the bank in these circumstances consider writing off the loan? Any advice would be appreciated.
 
Sorry to read of your loss and the dilemma you seem to have been left in (other thread).

Did your late father leave a will or did he die intestate (no will)?

If he left a will did he name an executor? If he did then gathering up the assets (life insurance policies, shares, investments, monies owed, etc.) and settling the debts (taxes, loans, outstanding bills, etc.) of the deceased is the responsibility of the executor so long s/he does not decline the task, as well as making any bequests specified in the will.

If there is no will or if the named executor is deceased or refuses the job, "someone" will normally apply for a grant of administration and take over the work the executor would have done.

The issue you describe here and some of what has arisen in your other thread are generally the responsibility of the personal representative of the deceased. Lots more information here - http://www.citizensinformation.ie/categories/death
 
Thanks for the link mathepac, very useful. Yes, he did leave a will, i'm beneficiary and executor. As you will see from my other thread, i'm worried about the funeral expenses at present and how i'm going to pay for them (no assets, insurance policies, etc). As I said there is a small amount due from a relatives estate but it could take years to obtain (it is a very messy situation - already taken 3 years) and in the mean time it would appear that i'm liable for the funeral expenses of approx €5k. Therefore I was hoping that the bank would write off the overdraft - how likley is this? If they won't will interest still accrue if they want to wait to see if there is any money from relatives estate? So sorry for all the questions, have no idea what to do in this type of situation...
 
Funeral expenses trump any bank related debts. So they will be paid before any bank can get their greedy paws on it.

The bank will need to sue the estate within 2 years of the death. If they don't they have forfeited their rights to sue the estate.

You really need a solicitor here.
 
Thanks time, knew funeral expenses trumped the bank but wasn't aware they needed to sue within 2 years of death. Ok, so if the bank does sue for it, will interest continue to accrue whilst they are in the process of trying to recover or do I have to ask them to freeze the interest???
 
Thanks Time. I've written them a letter today, informing them of his death, etc and asking for details of the account, etc (I found a recent bank statement with his personal effects that's how i found out about the overdraft). When they reply, i'll ask them to write it off and see how far I get.
 
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