My husband died in Nov 2010, leaving £100,000's worth of debt. There was no will. I contacted all known creditors, sending a copy of his death certificate. Using the life insurance payout, I cleared all outstanding debts except for one, who did not contact me again until March 2012. The life insurance was paid to me, his wife, as sole beneficiary, without need to apply for probate. He had no assets to constitute an estate, and his financial affairs were settled quickly, and the balance shared between myself and our children. The outstanding creditor is now insisting on payment of the debt which we assumed had been written off. Do I have to pay, after 16 months of no contact?
Thanks for your question. Please remember to click ACCEPT once you get my answer.What was the value of the insurance payouts?
May I ask why didn't you get probate with an estate of that value?
I was naturally traumatised by my unexpected loss and probably acted out of character. I tried to research it on the internet. Both the bank and his pension provider lead me to believe it wasn't necessary.
I can say any life insurance payout is not included in the estate.Therefore if there were no assets then you did not even have to pay out the current creditors, if there were little or no assets.As such you can write to the company and ask them to write off the loan.Unless the loan is in joint name then you do not need to pay it,Any life insurance is not included for probable purposes.Do not be bullied. Please remember to click accept so that I am credited for my time. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).