Yes Huckster is right you need proper legal advice from someone who knows what they are doing.

Please do not go to just any old solicitor or even one that claims to be able to spell "insolvency". You need to speak to a specialist solicitor who is qualified in Insolvency They are called Insolvency Practitioners and unless you are speaking to a qualified Insolvency Practitioner you might as well be talking to the local garage mechanic down the pub as he will know just as much as an ordinary solicitor.

I think now is the time to get proper legal advice about the whole situation and then atleast your mum would know her exact position.

http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356

If the credit cards were in your fathers name only, as unsecured debts, it would be difficult to take any enforcement action against his estate. BUT the law in this area is quite complicated, hence why it might be a good idea to get legal advice. There are provisions in the Insolvency Act 1986 section 421A to consider. ( I found this online, I am no expert). My reading of it, is that creditors can apply for something called an Insolvency Administration order, where someone is appointed to look into the deceaseds financial position. Because of the complicated nature of the various debts, this is not something that can be advised by experts or non experts online. Your mum needs someone legally qualified to look at all the various debts and to give her tailored advice.

Hi, new here and first post so sorry if this is in the wrong section. We're in a very confusing situation, i'll do my best to explain below.

Unfortunately, my father passed away very suddenly at the beginning of the year. This left me, my brother, and my mother. We all live together and also my nan and grandad live with us. My nan and grandad own half the house, but this is in the form of a deed of trust. As they paid their half cash and my mum and dad mortgaged the other half.

Since his death and sorting out the paperwork, i've now discovered he was in very bad debt. There is a secured loan of 80k against the house, and my mum and dad nearly set up an IVA to cover around 50k credit card debts.

The mortgage has been cleared with mortgage life insurance. There is no insurance on the 80k loan. The problem is, when he took the secured loan out, he would have had his mortgage too, so effectively would have been borrowing against a half that wasn't his. However, the only name on the land registry was my mum and dads, and after speaking to CAB it does not appear we have a legal case even though the deed of trust was held with the mortgage company under the title deeds.

I have advised my mum not to start the IVA yet until we seek further advice and find out if she is liable for his individual credit card debts.

The repayments for the 80k are 650 a month, the IVA first was going to be 250 a month but since the death I think they offered 140 a month. My mum is unable to work as she is registered disabled.

Sorry in advance, I know it's all very confusing and is still baffling me. Just hoping some of you may be able to help. Thanks

P.S. I forgot to add, although my mum signed the secured loan, this is still a big shock to her as I don't think she fully knew the finer details, and just left it for my Dad to sort.