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jingo1 | 21:56 Thu 18th Sep 2008 | Law
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My mother died recently owing quite a bit of money to different companies. There is no money in her estate and her funeral costs were barely covered by her insurance. What I would like to know is do her debts die with her or are they passed on to the next of kin?
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The debts do not pass on to the next of kin.

However ALL the estate has to be used to pay off debts before the next of kin get anything.
Her money such as it is should be used to pay off the debts

and that will be done by you as next of kin - I have worked out she didnt have a will - and you will beusing her money


so in a sense they are passed onto you - you will be dealing with them, but with her money.

what you should not do istell the companies she died without leaving any money and then later find some of her money that noone ever knew about and erm pocket it




Firstly, sorry for your loss.

As there is no estate and if these debts are in your mothers name only, then no the debts do not pass on to the next of kin, no matter what the credit companies try and tell you. It does become more complicated if any of the debts are jointly owned.

If there was any money in the estate then the debts would need to be paid first before any beneficiaries received anything.

I am pretty sure I have that all correct, but there are other here who are much more knowledgably than me so hopefully they will put you straight if I am wrong.
Hazel is correct. You may find some of the creditors try to harass or bully you into paying the debts using your own money. Do not let them. If there is no money in her estate then the creditors get nothing.

If any of the debts were in joint names then the other named debtor is still fully liable for them.
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thankyou all for your answers... My mother lived in rented accomodation and had very few possessions so there are no assets at all. At least I now know to tell the creditors to get lost!! Thankyou

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