Funeral question. Can anyone help please?

fascinated

Hi,

Unfortunately my mother died very suddenly last week. We are still in the very early stages of dealing with her papers as you will understand but we have come across a number of debts which we had no idea about. Neither did her husband it seems.

To cut a long story short there is nowhere near enough in the estate to deal with the debts, and even if we distirbute a proportion of the estate to each of them they are going to be disappointed.

Just wondered if anyone knows please whether we are allowed to pay funeral costs first before distributing anything that is left amongst the creditors, and if there is any order in which we should do it? There is no mortgage owing as my mother was not a homeowner. Rent is up to date, and there are obviously no secured loans.

Thank you.

Fasci xx

maman

First, I'd like to offer condolences to you and your family on your sad and sudden loss.

Having been an executor, I am as sure as I can be that you are allowed to pay funeral costs before any distribution of assets. But I wouldn't like you to take any action without taking proper advice. I should Google your local CAB and try them or possibly the local Probate office. Hope this helps a little.

fascinated

Thanks maman. I will try the CAB as you suggest. TBH this has all come as such a shock I am having trouble thinking straight. There is no Will.

Thank you for posting a reply.

fascinated

Just by way of an update, I phoned the CAB but they didn't know the answer either.

I know that as the debts were solely my mother's and nobody else signed the Credit Agreements or even knew about them then the creditors can only have what is in the estate and nothing else, I just can't seem to find anything online that says whether the funeral costs come before the debts or after them. I will keep searching.

Thanks to everyone who has read the thread though. Doesn't seem as if many people know the answer.

Take care,

Fasci xx

maman

Sorry I'm hopeless with links but I just found this site for you. It lists the order that debts must be paid in and top of the list is funeral expenses.

www.direct.gov.uk/en/Governmentcitizensandrights/Death/BenefitsAndMoney/DG_10029453 -

pokey128

Hi Fascinated,
I am truly sorry for your loss, i lost my mum when I was 15 and I know exactly what you are going through.

With regards to your problem I can only advise on Scottish Law but I can't see it being substantially different south of the border in relation to Estates (am trying to find out for you just now though). In Scotland, Funeral and mourning expenses take priority over any other debts and can be paid as soon after the death as you wish. Other debts should not be paid for 6 months after death (to allow all creditors to come forward) and then divided pro rata.

I will let you know if I uncover the law in England.

x

BlondeHeadOn

My condolences as well, I know what an awful time it can be.

Just one more possibility to add into the mix: it may be that your mother had some insurance cover for some of the debts (PPI etc.) which may pay out under the circumstances. I'm an executor, and I know that a lot of information only came to light several months after the funeral, so don't start paying anything off yet.

Sort out the funeral and pay for that, and then take your time with the other financial information after informing everyone. It may not be as bad as you think, but even if it is then eveyone seems to expect things to take time after a death.

And take care of yourself in all this too.

Hugs.

belfastgirl23

just to say first of all very sorry for your loss.

secondly, your mother's husband (assuming they were married) may be entitled to some benefits
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Bereaved/index.htm?cids=Google_PPC&cre=Money

Sorry if this is something that isn't appropriate for you but we nearly missed out on this when a close relative died recently, it was purely by chance that the undertaker mentioned it on the way out the door. It made a big difference too! My relatives got both bereavement allowance and a funeral payment which amounted to just under £3k. They also discovered a credit union account which paid up far more money than was actually in the account in the end up..

I know what a job it is sorting out someone else's estate, please try to take some time out to look after yourself too.

Crisp_£_note

I lost my Father In Law just before Christmas last year. He was like a 2nd Dad to me.

Cant give any advice just offer a big hug and deepest sympathy and condolances to you and yours.
Stay strong.

Errata

My sympathy to you and your family. This link has some plain english info on what happens when there's no will and debts. http://www.communitylegaladvice.org.uk/en/legalhelp/leaflet10_9.jsp

The important thing is that funeral expenses are paid out of the estate before anything else and creditors get paid out of anything that's left over after that.

fascinated

Just wanted to stop by and say thanks to everyone that took the time to reply to me, and research some links for me too. I greatly appreciate that.

belfastgirl - We applied for a bereavement grant and found out last week that my step father was eligible. This was a lump sum of £2,000.00 which, when we have a funeral bill of over £3,000.00 and no estate, was a huge help. Thanks for the information you provided.

Letters are filtering through from the creditors now, very kindly saying that we can have three months to pay up. I haven't yet broken the good news to them that they are getting nothing because I am waiting to hear about a possible life insurance policy my mother had. These things all take time don't they. As far as I am concerned everyone that she owed money to can jolly well wait until I have sorted it all out!

Fasci xx