Family Debt.

[derekpara]

My daughter is in debt and back living with me. I have been told that if she should die her debts would be passed on to me. Is this true ?

Cheers.

D

[chrisgel]

Not unless you've signed or co-signed any credit / loan agreements with her.

[Old_Geezer]

Surely it would come out of her estate, which sounds as if that would be very little.

[ubasses]

As long as the debts are in her name alone, no you will not be responsible for them. If she has any assets or life insurance they will have to be repaid from that before her estate to be paid out to any heirs.

[Kathyan]

If the debts are in her name then she is responsible for them. Nothing to do with you unless, as chris says, you have signed anything with her.

[derekpara]

I've signed nothing and the debts are hers alone.

Thank you all for your help.

D

[lcg]

no....utter codswallop. they are her debts and you /your property are entirely seperate. do not let anyone tell you otherwise.

[FredPuli43]

No. The debts are hers. The only way any one would be yours is if you had signed a guarantee to be liable for it; common in such things as purchases by young people on credit, where the finance company wants someone else to pay the bill if the buyer defaults. When she dies, her debts otherwise are claimable from her estate, what she owned at the time of death. Even if you were her executor, you would not be liable personally for her debts.

[tonywiltshire]

You have been told utter nonsense as many people have said. If your daughter were to die I think you would be more concerned over things other than debt.

[hc4361]

Very good answers and you should be reassured.

In addition:
Do not have any sort of joint bank account with her; do not allow her to have a credit card in her name on your credit card account; do not put her name on your house title (deeds); do not act as guarantor for anything.

Check your credit status with Equifax (free). If her name is showing as an associated name get it rectified.
https://www.econsumer.equifax.co.uk/consumer/uk/sitepage.ehtml?forward=gb_elearning_credit43

Consider charging her rent with a rent book, but make sure the rent falls under the rent a room allowance.

[factor-fiction]

All good advice. I hope your daughter is not unwell

[Baby_Sham]

I may just be me, but I'm more worried about your daughter. Is she ok? Is it likely she will die soon? :-/

[Khandro]

Does family honour mean nothing to you?

[derekpara]

I am so impressed, reassured and moved by your answers.

My daughter got into serious debt because an employer did not pay her salary for six months, giving her promises of a big deal being secured and a big, big pay day. All lies. She lost everything including her home and even though she won her case in the employment tribunal, the villain declared the company bust, and shortly after that, he died !

No, my daughter is not seriously ill, but she has spoken of suicide.

Thank you all again.

Cheers.

D

[Baby_Sham]

Whilst I appreciate your financial concerns, I would be more worried about your daughter, and her suicidal thoughts! :(

[Peter Pedant]

.

Derek I think some helpful person not here has been helping by recalling a time when debts were passed on in death in the late 17th century (they say) and then wondering if the law is different now.... ( it is see above ) Readers Digest story abot it in the sixties

[joko]

you would probably get letters from her debtors asking you to pay up, implying you are now responsible as next of kin, and hoping you will just pay up.

its a common trick as they know many believe this myth and will not question it and just pay up.

next of kin is not a legal term though - anyone you choose can be nominated your next of kin, but theres no legal obligations.

[themas]

Another thing that can happen at any time is that - if creditors know her address - they could get a County Court Judgement (CCJ) & then try to enforce it by sending in bailiffs. It is most important that - if there are any CCJs - you don't leave any doors or windows open or unlocked as bailiffs can then get in. If they come to the door deny them access - they can't use force to get in unless they have already entered peaceably.

Also, if there are any CCJs, if you have a car & it is not kept in a locked garage make sure you have your logbook and purchase invoice available so you can show them (without the bailiff coming into the house) to prove the car is not your daughter's. If your daughter has a car & no locked garage she should keep it well away from the house. Bailiffs can clamp cars & remove them for sale, & are not always very particular about making sure the car belongs to the debtor.

Debt collectors may well send letters saying they will make home visits. Most do not actually visit. Anyone who comes before a CCJ is obtained will not be a bailiff & will have no rights or powers, although they sometimes pretend they are bailiffs.

Your daughter should contact a free debt advice agency (local CAB or Stepchange or National Debtline) for help in coping with her debts.

[derekpara]

Thanks once more.

Themas and joko I'm grateful for your useful advice. Fore-warned is fore-armed.

Baby_Sham, I am concerned about my daughter's dark thoughts and know how to deal with them. It was the legality of debt ownership that I was unsure of. Thank you all the same.

Thanks to you,too. Peter.


D

[hc4361]

I wish your daughter well. Please look in to bankruptcy - it is not an ideal solution but your daughter is not in ideal place now.

Help her to get all proper advice and take control of her life. This is just a blip.

[derekpara]

Thanks, hc. Much appreciated.

D