Everett and is just needing some legal advice in regards to my mums passing and her debt that she has outstanding. My

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Customer: Hi my name is ***** ***** and is just needing some legal advice in regards ***** ***** mums passing and her debt that she has outstanding
JA: Hi. What state are your mums in? It matters because laws vary by location.
Customer: My mum and dad seperated 24 years ago but they never legally divorced or have letter to state they separated so just wondering if my dad now has to pay her debt due to this my mum lived in queensland and we live in vic
JA: What steps have they taken so far?
Customer: have notified everyone including the credit card company that she has passed away
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: but due to her having a $19,000 debt and i need to give them her death certificate
Answered by John Melis in 2 hours 1 year ago
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

Do you have a copy of the invoice?

Customer
Do you mean the credit card statement?
Customer
I have letter from the credit card company asking me to send her death certificate etc but not a invoice from them no
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John Melis, Expert

Do you have any more information that you can help with?

Customer
I just need to know if my dad will be responsible for this debt with the credit card company even though they were no longer together
Customer
as she had no assets etc that can help pay for this debt but dont think its right that my day should pay with the fact they werent together for 24 years
Customer
sorry at work so cant talk on the phone at the moment
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John Melis, Expert

We can chat in this box as long as you need.
Customer
she was on the old age pension as she was diagnosed with cancer 5 years ago
Customer
was on new start until she turned 65 last year
Customer
i just need to know our legal rights in case the credit card company come back saying he needs to pay the debt
Customer
we know were we stand legally if they are correct or not
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John Melis, Expert

Did you incurred the debt?
Customer
i have just got a letter asking me to send in the death certificate and then someone will call me to discuss
Customer
just want to know what our legal rights are in this matter
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John Melis, Expert

Do you know the entire size of the estate of your late mother?
Customer
she has no estate at all
Customer
as she had $4 in her bank account and her super she had already withdrawn due to having cancer
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John Melis, Expert

You will not need to do probate on $4.00.You can manage the estate of your late mother by the death certificate.Does this help with your question today?
Customer
ok ty but can you please confirm that my dad wont be responsible for her debts as they are still leagally married but had been separated for 24 years
Customer
i just want to confirm he wont be responsible for it and that the company cant legally make him pay it either?
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John Melis, Expert

Your father will not be responsible for the debts.Does this help with your question today?
Customer
ty so much yes it does help ty
Customer
really appreciate you taking the time to assist me with this
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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