debt after death

gazpacho_uk · 9 August 2007 at 3:19PM

Hi, I posted this in another section, but was advised to post it here too by a very kind person.
I hope someone can help ...........

Mt Mother died last September and as I had been dealing with her financial affairs as "power of atourney" before her death I was aware of a lot of her debt. When she died her only asset was her house which was in a poor state and was only sold for £70.000. I was advised that becuase the assets were so low I could deal with everything and not involve a solicitor and so took on "letters of administration" myself. I discovered that the debt was in the region of around £140.000 so set out to pay off what I could with the limited funds. Everythingh seemed to go smoothly with those I was in contact with accepting my limited offers.
Everything was fine until this week when a debtor contacted me stating that I will be taken to court if I dont pay £1000 which is owed to them (Untited Utilites). I have exchanged no correspondance with them since my Mothers death and have been completely unaware of this debt until now.

If anyone can advise me or help in this matter I would be truly grateful

John

rayday2 · 9 August 2007 at 3:22PM

Send them a copy of her death certificate.

All the assets are now gone there is no way you have to pay a penny. There was a topic about this yesterday will try to find it for you.

rayday2 · 9 August 2007 at 3:28PM

http://forums.moneysavingexpert.com/showthread.html?t=522944 not sure if this will help!

rog2 · 9 August 2007 at 3:32PM

You need to speak with the Citizens Advice Burea, or a solicitor, as soon as possible. It's probable that many of the 'debts' are no longer payable.

CLAPTON · 9 August 2007 at 3:44PM

You need to seek professional advice.
Unless you know what you are doing you may find yourself liable for some the the maladministration of the estate as you are responsible for the administration of the estate. Its not good enough simply paying the debts you know about.
Although the estate may be relatively small it is more complex than most because of the enormous debt.

See CAB as soon as possible and it may be necessary to consult a solicitor.

[Deleted User] · 9 August 2007 at 3:53PM

I believe as NOK youll probably be liable, esp if you inherited the estate. Please seek legal advice.

RAS · 9 August 2007 at 4:41PM

Hi

You need advice ASAP.

You need to advertise for any other debtors to come forward before you distribute the estate. Once you have done that and the deadlin date for gone past, anyone who crawls out of the woodwork can go hang. There is a specific format for this and you need to get advice on it.

You can also contact certain agencies to find out if there are any outstanding sums to pay into the estate, for instance old life insurance policies. We found a couple but they were small beer.

nickelodeon · 9 August 2007 at 4:44PM

You definitely need to get proper legal advice from a solicitor who has experience of Probate. There are complicated rules about insolvent estates and you could become liable as the personal representative for not contacting all the debtors.

gazpacho_uk · 9 August 2007 at 4:58PM

thanx for all the info and help so far. Initially I will write back to them advising them of the situation. If anyone can help with suitable wording for a letter, it might help them realise that there are no funds left to pay this debt. I will speak with CAB as soon as I can and I will follow your advise here and contact a solicitor if they are going to persue this matter further.

RAS · 9 August 2007 at 5:27PM

here's the info you need re the London gazette

http://www.clsdirect.org.uk/legalhelp/leaflet10.jsp?section=13&lang=en

Also useful is

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093

gazpacho_uk · 9 August 2007 at 5:58PM

Thanx for that Ross ... I just read the article with interest as I did not advertise the death of my Mother in the London gazzette (which apparently I now know I should have) ........ It looks like I might be in the s*%t. I think all I can hope for is that the company accept my circumstances and void the debt ..... or take me to the cleaners

debt after death

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