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Am I liable for his debt??

7 replies

stormabrewing · 06/12/2024 17:43

Calling on the wisdom of MN!

My husband took out a loan July 2023, unbeknownst to me, at a time he was unemployed and with a terrible credit rating (I do not understand how he would've been cleared for it tbh)
We then moved out of our property as the cancer he had been in remission from came back with a vengeance and we were then overseas for a year while he was getting specialist treatment, eating into all savings.
Sadly he died in September this year.
I received a letter yesterday regarding this loan, as he had defaulted on it it had gone to county court and now they are asking for it to be paid in full. They are aware he is deceased.
He died with no will, no assets, including no property. I am still getting over losing him and now I'm in a panic that I will be liable for this.
I went trawling and found the emails with the loan agreement on it. There was no guarantor or anything, it was solely in his name.
Does anyone have any advice for me that doesn't include just burying my head in the sand? Thank you in advance 🙏🏼

OP posts:
YouveGotAFastCar · 06/12/2024 17:45

Do you have any shared assets? Did he die with any assets, like a car or a house? Did you execute his will?

I’m really sorry for your loss 💐

stormabrewing · 06/12/2024 17:47

No assets at all. No property, not even a car. We had sold it before we went overseas for his treatment. No will.
He really did die penniless
Thanks for the Flowers

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BashfulClam · 06/12/2024 17:47

You are not liable but it needs to be dealt with as part of his estate. Was a lawyer appointed to do probate if so you direct the company to the solicitor and they will simply say there are no funds in the state to clear the debt…that’s the end of the story.

Anotherworrier · 06/12/2024 17:48

No. There’s no estate so you are not liable.

NobleWashedLinen · 06/12/2024 17:53

So sorry for your loss.

Debts cannot legally be inherited. If he had any assets whatsoever then those must be sold to pay off debts (you would be allowed to keep items of sentimental value that are not of significant monetary value). This would not include any property where you own as joint tenants because that becomes instantly the property of the surviving partner when the other partner dies.

The creditor is reasonable to ask for payment as they would not know if there were any assets. Simply write to them saying that he died penniless with zero assets and there are no funds in existence on which they have any claim.

YouveGotAFastCar · 06/12/2024 17:53

Then no, there’s no estate so no way they can recover the money.

stormabrewing · 06/12/2024 17:56

Thank you all 🙏🏼🙏🏼 I'll write a letter
I'm so glad I posted, I felt like I was going to spiral.

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