# Deceased debts help



## raerae (12 Dec 2007)

Hi, I am completely new to forums but don't know where to turn for advice. My grandfather just passed away and he was my adoptive father. He had a credit card with an outstanding balance and also a personal loan. My Grandmother is very worried that she will be liable for any outstanding debts and she has no funds at all to pay them. My grandfather didn't have a will but he also doesn't own a thing, no property or anything of any monetary value. Ultimately if the debts have to be paid - I will have to try and pay them. We also purchased some hearing aids for him on October the 25th which cost 3,250 euro and my grandfather died a week after the returning period - is there anything I can do to appeal the 30 days? Any advice would be much appreciated.


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## jhegarty (12 Dec 2007)

Have a read here : http://www.citizensinformation.ie/c...seds-estate/dealing_with_the_deceaseds_estate


Your will be relieved to read this part :

Where the deceased dies in debt, creditors can only bring a claim against the _estate_ of the deceased. Even if there isn't enough money in the estate to meet all the debts, the relatives of the deceased are _not_ personally responsible or liable for the deceased's debts (unless, of course they had guaranteed them).


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## SarahMc (12 Dec 2007)

I remember a long thread about this issue on AAM.  Seemed to be certain credit card companies were ruthless in pursuing relatives of the deceased, but legally the company hadn't a leg to stand on.


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## mercman (12 Dec 2007)

Sorry for your loss. If there is nothing in the estate the ruthless can hop on their bikes as you, your granny or no one else is liable. Did you sign for the hearing aids ? If so you may have a problem. Hand them back and if they pursue you tell them they have a choice -- leave off or you will tell Joe Duffy 
the whole story. Most of their clients would be elderly and I don't think they would need that kind of coverage, woukld they?? As for the Bank and hopefully you are not liable. As we are nearing Xmas, I suggest you hop down to the local, order a Brandy and drink to your Grandfather and May he RIP.


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## Bronte (13 Dec 2007)

Sorry about the death of your grandfather.  It seems some credit card companies/banks try to make the living relatives think they are liable for the debts to try and force them to pay up.  They do this by making threatening phone calls etc.  If they do this tell them he had no assets and that you are not liable and that you will contact a solicitor if they want to pursue the matter.  Unless you/your grandmother guaranteed the credit card or loan you are not liable.  It's not clear to me about the hearing aids what your question is.  Are they already paid for?


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## raerae (17 Dec 2007)

Thank you all for your responses...that puts my mind a little more at ease, it's horrible to have to think about things like this when you're grieving. The hearing aids were paid for yes, but we tried to contact the company before my Grandad passed away to let them know his condition and that he couldn't use the aids because they were uncomfortable etc. but they never called us back, we also didn't sign the terms and conditions...now maybe I'll go for that brandy!


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## jhegarty (17 Dec 2007)

raerae said:


> but they never called us back



If you called them before the colling off period was over and they didn't return your call i'd say you have a good case


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## daveyboy (17 Dec 2007)

....just be careful here "the estate" consists of anything owned by the Deceased, including any interest in any property - such as any property he joint owned with you or your grandmother.


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## csirl (18 Dec 2007)

If a credit card company representative rings up trying to tell relatives to pay the debt, ask the caller to be put through to his/her supervisor and tell the supervisor about their employees illegal actions and that you are reporting the matter to the Financial Regulator. 

Some call centre staff are on commission and the company they work for may not be aware of their illegal actions.


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## snowy (18 Dec 2007)

condolences on your grandfather passing away

When my father died his credit union loan was wiped out by them automaticaly. We went and had a chat with our local citizen advice centre and they were fantastic , explaining what happens when people pass with / without a will etc. What happens to loans and all that. You should make an appointment with them. 

Youll have to apply for probate eventually which can take a while when someone doesnt have a will. 

For the time being look after yourself and your family, dont worry about other problems until youre ready to deal with things


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## WarrenBuffet (2 Jan 2008)

Am i correct in thinking that in the situation where a married couple have a joint mortgage on a property, and one of them dies before it is fully paid off, then the entire mortgage will be paid off using the mortgage protection?

I also believe that the credit union will remove any debt in the persons name - is this correct? What do retail banks do in a similar situation?

Many Thanks,
WB


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## Slim (11 Jan 2008)

Warren


> Am i correct in thinking that in the situation where a married couple have a joint mortgage on a property, and one of them dies before it is fully paid off, then the entire mortgage will be paid off using the mortgage protection?


 
Only if they had mortgage protection in place, if so yes as long as the deceased was insured under the policy.



> I also believe that the credit union will remove any debt in the persons name - is this correct? What do retail banks do in a similar situation?


 
Most Credit Unions are in the Loans Protection/Life Savings Scheme which clears loans of the deceased with the CU and also increases any savings they had at the time of their death, subject to tems and conditions. Check with your CU for details of the scheme.

Slim


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## whattodonext (19 Jul 2010)

I know this is an old thread but of interest to me. Two quereis

1. What happens if legal proceedings were taken against the deceased before they died? And the deceased does not have enough money in estate to pay?
2. Also can people chase after a debt before probate is taken out? So if probate is left for a few years does this mean it increases the likelihood of debts disappearing, if companies go out of business etc?


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## Moral Ethos (19 Jul 2010)

1. If the debts are greater than the value of the estate the debts will not be paid in full. Funeral expenses will be paid out first and then what is left will be distributed amongst the creditors. 

2. Creditors only have 2 years from the date of death to sue the estate of a deceased person.


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## whattodonext (19 Jul 2010)

Can they sue even if probate has not been completed. Or can u only go to court if probate is completed


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## Moral Ethos (19 Jul 2010)

They can sue the estate in either condition provided they are within time.


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