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dantheman123 | 20:01 Mon 25th Sep 2006 | Law
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My friends mother died 5 months ago and left her about 5000 pounds and half a house. This morning she got a letter from her mum's bank saying her mum owed 350 pounds on a credit card and as the executor of her estate she was expected to pay it. My question is does she have to? Surely any chance of getting the money died with her mother?
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On my two credit cards i have protection and the debt is covered if I die, you may want to check her original agreement to see if this applied.
Refer this to the solicitor who dealt with the will. I am surprised that no correspondance was received in the 5 months since her death - where were her letters being sent to?

I cannot see how a claim can be made on her estate after it has been handed to those who were entitled. I did think there was a limited time on creditors claiming part of the estate for debts.
Mrs P. There is a way of trying to time limit claims. I think it involves advertising for any claims but, even if this was done, somehow I doubt whether 5 months will necessarily be regarded as being too long a period. If the estate has been distributed it can become the personal responsibility of the executor to settle any debts of this kind.

If a solicitor was involved, they should certainly be consulted.
As an executor is is their duty to ensure that the liabilities of the estate are established and duly settle the estate.

Executorship is for life, even after the estate has been administered. If any further assets/liabilities come to light it is the executor's responsibility to deal with them appropriately although there is of course a limit on what is available in the estate and creditors are ranked in a pecking order.

Monies are not usually distributed for 6 months after adverts are placed, all relevant parties are notified and all debts looked into etc... in case any claims are made.
By advertising the executor absolves herself from personal liability for the debt.

However, the CC company is then entitled to pursue the recipient(s) of the money for the debt, through the courts if it thinks fit. Given that there's half a house involved it should be easy for them.

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