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Selling items to pay for funeral etc - advice needed

virgo149
Posts: 233 Forumite
Hi all
Am hoping someone can help. I've just lost my sister last week, very suddenly aged 44. We're in the process of doing what's needed but need advice on one or two things.
She lived in a council house and we know once we tell them they will want us out very quickly. As a result, we've all swallowed our feelings and have started to clear out the house yesterday and are trying to get a plan of action together for the rest of her belongings.
She's left a pile of debts - not sure how much, but she owes money to just about everyone from utilities to one of those wonderful door step money lending companies (345% interest - how can that be legal????). I think we are looking at around 5-7K is owed in total.
I've read tons of posts on here so I think my dad can claim a funeral payment and will get the form filled out for him. My question is, can we go ahead to dispose of her belongings to raise some money to help pay for things or do we have to just empty the house and store everything for the moment? I've got all her personal stuff like jewellery (much of it was our late mother's who passed away 2 years ago).
I understand which order things are paid off and those lovely debt companies will be coming bottom of the list - i.e. she's only got 800 pounds in the bank so no one will get anything. Does anyone have a standard letter they send out in these circumstances? - the last thing I want is anyone trying it on with my dad to get money from him they aren't legally entitled to.
Finally, thanks in advance. I know the above sounds a bit clinical, but that's the only way I'm managing to get through things at the moment.
Am hoping someone can help. I've just lost my sister last week, very suddenly aged 44. We're in the process of doing what's needed but need advice on one or two things.
She lived in a council house and we know once we tell them they will want us out very quickly. As a result, we've all swallowed our feelings and have started to clear out the house yesterday and are trying to get a plan of action together for the rest of her belongings.
She's left a pile of debts - not sure how much, but she owes money to just about everyone from utilities to one of those wonderful door step money lending companies (345% interest - how can that be legal????). I think we are looking at around 5-7K is owed in total.
I've read tons of posts on here so I think my dad can claim a funeral payment and will get the form filled out for him. My question is, can we go ahead to dispose of her belongings to raise some money to help pay for things or do we have to just empty the house and store everything for the moment? I've got all her personal stuff like jewellery (much of it was our late mother's who passed away 2 years ago).
I understand which order things are paid off and those lovely debt companies will be coming bottom of the list - i.e. she's only got 800 pounds in the bank so no one will get anything. Does anyone have a standard letter they send out in these circumstances? - the last thing I want is anyone trying it on with my dad to get money from him they aren't legally entitled to.
Finally, thanks in advance. I know the above sounds a bit clinical, but that's the only way I'm managing to get through things at the moment.
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Comments
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just wanted to say sorry for your loss, (((((((((virgo & family))))))))))
you could probably just write a basic " my sister, miss a, has sadly passed away, please see a copy of her death certificate enclosed. her estate has not left anything of value so will be unable to make any payments to clear her debt with you." or sthg like that.
they can't chase you or your dad for payment either.
ioiwe xNonny mouse and Proud!!
Never argue with an idiot. They drag you down to their level then beat you with experience!!
Debtfightingdivaextraordinaire!!!!
Amor et metus. Lac? Sugar? Quisque massa vel duo? (stolen from a lovely forumite!)0 -
Hi
Sorry to hear about your loss, I'm sure someone will be along soon with more detailed advice, but one thing you will need is lots of copies of the death certificate, some places will accept a photocopy some won't.
I had to clear my mothers bungalow when she died & I had til the end of the month to do it as that was when the rent was paid till, I was lucky as that gave me 2 weeks, I was told if she had died later in the month I would be liable for a months rent if I didn't clear the place in time. I sent a standard letter as IOIWE suggested, sometimes that was all that was needed, some companies employed bullyboy tactics to try to get the money out of me. I didn't put my address on the letter, just my mobile number. I got the most grief from M&S their staff said things like 'Would your mother be happy dying with the stain of debt on her character?'
Never let success go to your head, never let failure go to your heart.0 -
I wouldn't even worry about the creditors right now to be honest
I am assuming she passed away without a will in place but obviously TECHNICALLY things like her jewellery should be included in the estate - whether or not it used to be your mums. In practise there is no forcing you to do that of course
I know some of my nan's items were not included in her estate when she passed away as they had always been meant for one of her kids/grandkids. All of us agreed on this and when my grandfather passed away just over a month later then the solid gold ring he always wore was handed to my dad by the hospital with a "Think you should take this home with you, it's not really any business of the tax people" (different laws in Denmark - there the hospital have to hand over an "inventory" of what the deceased left/had on them when they passed away in the hospital). The ring may or may not be worth much - I don't know the purity of the gold or weight etc but it had a lot of sentimental value to my dad and one day it will by my younger brothers.
Whatever the creditors tell you they have NO rights to any money unless there are some left in the "estate" once you have sold off everything in her flat etc. If there is no money then YOU are not liable for any of her debts - be that mobiles, loans, rent etc
As for how soon you have to remove things from her flat... I would say you have until the rent is paid till... You might get a little grace from the landlord if you ask them nicely.DFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
Don't forget too if the person who assumes liability for funeral expenses is on certain types of benefit they can claim towards funeral costs. You might want to think carefully about who, technically, is assuming the responsibility for burying your sister if anyone in the family is in receipt of such benefits. See here for a full list of the benefits someone would have to be in receipt of to claim such a payment
http://www.jobcentreplus.gov.uk/jcp/Customers/WorkingAgeBenefits/008260.xml.html
I am very sorry to hear about your loss.0 -
Thanks all. Dad is classed as her next of kin as she is divorced twice and has no partner. Her oldest boy is mentally handicapped in care of Social services and her youngest is only 9 and lives with my brother and his family. My sister was an alcoholic so I guess that explains one or two things.
The house - she's behind with the rent, hence my concern. We've removed everything of sentimental value just in case they find out and clear out stuff without us knowing. What's left can go to charity as far as I am concerned - at least some good would then come out of this.
We've got the form for the funeral as my dad has pension credits (I think - I hope). Worst case scenario me and my husband will pay for everything on our card and worry about it later. I just don't want my dad to go thorough anymore than he has to - he found my sister and it's less than 2 years since we lost mum.
I'm definatley going to leave sorting out bills until everything else is done. As far as belongings goes, no one is having any claim on my mum's jewellery - as far as they will be concerned I had it all when she died.
And creditors, thanks for the advice - I'm going to do all the admin and won't give them any addresses. We are almost expecting them to try it on - you hear about it all the time. I know they are entitled to their money but my sister had nothing and that's what they'll get.0 -
I'd advise getting help eg from CAB with sorting out bills/debts etc, sometimes there are tips and tricks that you won't know or maybe even standard letters you can send. But you're right to leave it off till after you get everything else sorted. The other thing to say is to be sure you get lots of copies of the death cert since you will need them for creditors.
And lots of luck, it is a really horrible situation to be in..0 -
Have you applied for Letters of Administration yet if she didn't leave a will?0
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Oldernotwiser wrote: »Have you applied for Letters of Administration yet if she didn't leave a will?
? What are these and can we do them without paying for a solicitor?0 -
Hey Virgo!
Really sorry about your loss. Please accept my sympathies.
You will need probate ("Letters of Administration") for your sister's estate. Without going into the details, which are a little baffling to start with but actually not that bad when one has grasped them, probate means the Executor (often the heirs) of the deceased obtains permission of the court to resolve the deceased's final financial etc affairs and carry out her last wishes if she stated any in her Will. Best you go to the CAB and let them help you. If your sister did not have a will, her estate would be "intestate" and, if I remember correctly, the Treasury Solicitor's "Bona Vacantia" section would handle her estate as a sort of de facto Executor. All a bit surreal and not easy to explain on a public chat forum so I do advise you to see the CAB.
As regards the debts, usually informing the creditors in writing (send by recorded delivery) that the deceased is dead (supported by a certified copy of the death certificate) and has virtually no money in his/her estate will draw the matter to a close. My next door neighbour, who was an eccentric, died nearly 2 years ago and that's what happened.
PS Probate is not difficult to do if the deceased's affairs were straightforward - just list all debts and all assets. I did my neighbour's and there is no necessity whatever for a solicitor. However, if your sister died intestate then the Treasury Solicitor will most likely handle her probate. Do see the CAB! I am not qualified to give specific advice.0 -
You shouldn't need the grant of letters of administration as the estate is under £5,000.00. See here
http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802
I am sorry for your loss.0
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