Debt After Death

Author
Discussion

Graunching_dave

85 posts

75 months

Tuesday 25th September 2018
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PurpleMoonlight said:
No, your dads assets should have been utilised to settle his debts. You chose to pay them instead to avoid selling the assets.

That is not the same as the debt being passed on to a third party.
He didn’t have any assets to use. As I stated at the end of what I said, I didn’t HAVE to pay but I chose to in order to claim an inheritance. I recognised then and I recognise now that the debt wasn’t literally forced upon me but in certain situations when you’re in them it can feel that way.

Plus, if you’re alluding to selling his house to pay any debts, what about his partner? She wouldn’t have sold up to pay as they weren’t married she saw all his debts as mine as I was the only next of kin. She would have fought me all the way and as she was on benefits she would have had access to free legal aid to fight me in court, I was only 24 and had just spent my life savings on a house (just a month before the financial crash of 2008, losing £20k of value in the house).

anonymous-user

54 months

Tuesday 25th September 2018
quotequote all
Graunching_dave said:
PurpleMoonlight said:
No, your dads assets should have been utilised to settle his debts. You chose to pay them instead to avoid selling the assets.

That is not the same as the debt being passed on to a third party.
He didn’t have any assets to use. As I stated at the end of what I said, I didn’t HAVE to pay but I chose to in order to claim an inheritance. I recognised then and I recognise now that the debt wasn’t literally forced upon me but in certain situations when you’re in them it can feel that way.

Plus, if you’re alluding to selling his house to pay any debts, what about his partner? She wouldn’t have sold up to pay as they weren’t married she saw all his debts as mine as I was the only next of kin. She would have fought me all the way and as she was on benefits she would have had access to free legal aid to fight me in court, I was only 24 and had just spent my life savings on a house (just a month before the financial crash of 2008, losing £20k of value in the house).

Unusual circumstances. You didn’t HAVE to do it.

boyse7en

6,712 posts

165 months

Tuesday 25th September 2018
quotequote all
Graunching_dave said:
PurpleMoonlight said:
No, your dads assets should have been utilised to settle his debts. You chose to pay them instead to avoid selling the assets.

That is not the same as the debt being passed on to a third party.
He didn’t have any assets to use. As I stated at the end of what I said, I didn’t HAVE to pay but I chose to in order to claim an inheritance. I recognised then and I recognise now that the debt wasn’t literally forced upon me but in certain situations when you’re in them it can feel that way.

Plus, if you’re alluding to selling his house to pay any debts, what about his partner? She wouldn’t have sold up to pay as they weren’t married she saw all his debts as mine as I was the only next of kin. She would have fought me all the way and as she was on benefits she would have had access to free legal aid to fight me in court, I was only 24 and had just spent my life savings on a house (just a month before the financial crash of 2008, losing £20k of value in the house).
Whose house was it? If it was his, with a mortgage in his name, then without the life insurance and you paying it off then it would presumably have been sold off by the bank to recover the debt.


Graunching_dave

85 posts

75 months

Tuesday 25th September 2018
quotequote all
REALIST123 said:

Unusual circumstances. You didn’t HAVE to do it.
Yes, I think I covered that. Twice.

J2daG1990

1,181 posts

126 months

Tuesday 25th September 2018
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boyse7en said:
Whose house was it? If it was his, with a mortgage in his name, then without the life insurance and you paying it off then it would presumably have been sold off by the bank to recover the debt.
Wait, so you inherited part of a house that someone else lives in?

Why would you even bother paying it off?

I presume you can't sell it unless the partner dies or moves out, which might be never. So you've paid £13k and are now £13k down stuck with equity in a house you can't do anything with or make money from...?

Unless I'm missing something you went about it completely the wrong way.

FiF

44,049 posts

251 months

Tuesday 25th September 2018
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J2daG1990 said:
boyse7en said:
Whose house was it? If it was his, with a mortgage in his name, then without the life insurance and you paying it off then it would presumably have been sold off by the bank to recover the debt.
Wait, so you inherited part of a house that someone else lives in?

Why wouldd you even bother paying it off?

I presume you can't sell it unless the partner dies or moves out, which might be never. So you've paid £13k and are now £13k down stuck with equity in a house you can't do anything with or make money from...?

Unless I'm missing something you went about it completely the wrong way.
Why are you picking on this poster?

His first words were, paraphrasing, effectively that he sorted out the shortfall, and the credit card debt, to stabilise a situation so that his dad's partner had somewhere familiar to live, which presumably he thought they couldn't do as they appeared to have no money. Which seems an honourable thing to do.

I suppose he could have just said to the partner, off you toddle then, and sat back for a fire sale by the bank and waited for whatever was left and screw everybody else. Which would have been the actions of a weapons grade git imo.

Graunching_dave

85 posts

75 months

Tuesday 25th September 2018
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Wow, talk about a thread de- rail. I was much happier as a reader/ lurker on here as posting seems to bring out at the know it all types not to mention the c-unts.

The last poster hit the nail on the head but fk it, I’m out.

wc98

10,375 posts

140 months

Tuesday 25th September 2018
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Graunching_dave said:
Wow, talk about a thread de- rail. I was much happier as a reader/ lurker on here as posting seems to bring out at the know it all types not to mention the c-unts.

The last poster hit the nail on the head but fk it, I’m out.
the people that took the time to read all of your posts should understand perfectly what you said. if i managed, they must have been clear and concise smile
you made a choice to keep the partner in the house by paying his debt off.sore one at the time given your already stretched situation and the fact the partner got 25k cash that you didn't find out about until much later. now partner has passed you inherit house.

The Mad Monk

10,474 posts

117 months

Tuesday 25th September 2018
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tony wright said:
Driving home tonight we got embroiled in a small discussion on above. Brother in Law said that if you were to die (Wife has already passed away) in debt and your remaining estate didn’t cover this, it would be passed on to your children. He was talking about mortgages, loans, taxes etc. I’d never heard of this but still said he was talking bks, am I wrong?
No.

Red Devil

13,060 posts

208 months

Tuesday 25th September 2018
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7795 said:
The thinking, for whatever reason, and however badly advised was give it away before you die and not to HMRC. Hmmm...
Nothing inherenty wrong with that strategy to avoid/minimise IHT if you have sufficient remaning income/assets assets to support yoursel
However the catch is making sure you live for the required length of time. The problem is life is unpredictable.
I'm sure those killed by Tomasz Kroker weren't expecting to die when they got up that morning.


So

26,271 posts

222 months

Wednesday 26th September 2018
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Red Devil said:
However the catch is making sure you live for the required length of time. The problem is life is unpredictable.
"Mum, can we move Dad to the shed? He's starting to smell really bad, there are flies everywhere and bits are starting to fall off him".

"Just another six months and four days, darling, and we can tell everyone he's dead. Otherwise HMRC will want you to sell your bike and give them the money".