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unpaid tax can you help

almond
almond Posts: 1,674 Forumite
in Deaths, funerals & probate
hi
my friend passed away in feb,her husband is finding it hard to cope
the estate is now in probate, but last week he got a letter from tax office saying sorry to hear about death but tax had been under paid and you owe us £500.
they is no money in estate apart from house and he hubby had to pay overpayment of pension,
I have offered to write to tax office and say no money in account and estate is now in hand of probate giving them the company being used.
it that correct I wish I hadn't offered but I need to try and help were ever possible because he's not coping.
thanks in advance for any help

Comments

  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    He didn't have to pay overpayment of pension - that should have waited probate too

    But yes - the best thing now is to write to HMRC explaining the situation. Or better - pass the letter to the probate company for them to deal with. It's now their job to deal with the estate.
  • pauletruth
    pauletruth Posts: 1,133 Forumite
    ouch having a company doing probate is going to cost a whole lot more than 500. no bills should be paid apart from the funeral until probate is granted.
  • almond
    almond Posts: 1,674 Forumite
    I did a letter saying no assets left and to contact probate people. Thought just keep it short and sweet I will keep you updated and thanks for help. He said he was happy , the probate is costing £500
    the bank put him in touch with company. this is all over my head since I have never dealt with probate and have suggested he goes to cab for more help.
    the over pension was paid because she died a day before paid was due.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    almond wrote: »
    the over pension was paid because she died a day before paid was due.


    Yes - that may be the case.

    But it's repayable out of the estate, not by the husband.
  • almond
    almond Posts: 1,674 Forumite
    dzug1 wrote: »
    Yes - that may be the case.

    But it's repayable out of the estate, not by the husband.

    all i know it went to her account and bank transfered it to hubby,
    i suppose it would still need to be paid back? no money in estate apart from house hubby had to pay for funeral and never got state payment, he is a quiet man do don't like to ask a lot of questions
    again thanks
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    DWP will almost certainly insist on it being paid back

    How far they will take it - pass. I doubt if they would go to the extent of forcing a house sale for that amount though.
  • almond
    almond Posts: 1,674 Forumite
    dzug1 wrote: »
    DWP will almost certainly insist on it being paid back

    How far they will take it - pass. I doubt if they would go to the extent of forcing a house sale for that amount though.

    hi
    but if no money in estate what do you think will happen, all she had was the house and the insurance didn't cover the cost of the funeral. I just don't want to give him false hope, its just I read that if no money in estate he will not be expected to pay it
  • Mattygroves2
    Mattygroves2 Posts: 581 Forumite
    Whether there is money in the estate or not depends on how the house was held and whether there is any equity in it.

    If it was held as tenants in common and was mortgage free then there would be an expectation that the house would be sold so that her half paid for the funeral and settled any debts. If she left her half to the husband then it may be easier for him to settle the funeral bill and debts personally and avoid selling the house.

    If it was held as joint tenants then it passes to her husband and there is indeed no money in the estate.
  • almond
    almond Posts: 1,674 Forumite
    Mattygroves2 wrote: »
    Whether there is money in the estate or not depends on how the house was held and whether there is any equity in it.

    If it was held as tenants in common and was mortgage free then there would be an expectation that the house would be sold so that her half paid for the funeral and settled any debts. If she left her half to the husband then it may be easier for him to settle the funeral bill and debts personally and avoid selling the house.

    If it was held as joint tenants then it passes to her husband and there is indeed no money in the estate.

    it was joint tenants as far as I know he said he was advised by bank to leave a few hundred outstanding,
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