Deceased mother in laws credit card

A question about : Deceased mother in laws credit card

Last year my mother in law passed away, everything was dealt with through the solicitors as she left no will. We were told by the solicitors that all outstanding debts would be paid from her estate then once that was all done any surplus funds would be split between my partner and his brother. That was all done last year we are now getting letters from a credit card company asking for full settlement on the account and if they don't receive payment by the end of this month they will take my partner to court. Where do we stand on this as everything was meant to have been paid but this abviously wasn't.

Plus even if we did come to an agreement to pay it back I can guarentee my brother in law wouldn't pay anything which doesn't seem fair

Any advice appreciated

Best answers:

• The executor should have paid it, by failing to do so they may become liable for it. As you know all debt has to be paid first, this is debt and should have been paid before any thing was paid to your partner and his brother.
  You should now seek help from the solicitors acting for you, they have overseen this and need a good reason for missing it. You now need to make an appointment with them and start an investigation into what went wrong and why.
• Hi Bella2121, thanks for your query regarding decreased mother in laws credit card.
  If your solicitor was acting as the personal representative then their duty is to ensure all debts are paid out of the assets belonging to the estate. After the personal representative has distributed the estate, challenges to a will or claims on the estate may still arise. For example, a creditor may claim repayment of a debt owed by the person who has died or a beneficiary or relative may claim that the estate has been wrongly distributed. The personal representative will not be liable personally if s/he has advertised for creditors. If the personal representative has not advertised and a creditor later appears with a claim for money s/he is owed, the personal representative may then be liable to pay this her/himself.
  We would suggest in this case that you contact the solicitor who was acting straight away.
  Hope this is of assistance