who's responsible?

tori.k

im sorry to keep harping on about our troubles but there is a six week waiting list for the cab and we cant afford to see a solictor
we are bring up a friends son who died and having to try and sort out her estate, she died without a will, so im not her executor nor her next of kin,she was claiming benefits so lived hand to mouth each week, but owes a lot on a friends club book,they want a copy of the death certificate(not a problem)her last name and address and our home address.
someone told me not to give my address as they will seek the money owed off of us, her next of kin (her son) is under 18 and we are legal guardians to him can he be lible for the debt? or us as his guardians?
im sorry to keep coming back to these problems but everything is such a mess......

Paparika

http://wiki.answers.com/Q/FAQ/2567

I found this, maybe the answer is there for you, some of it says under 18, some say under 16

Pollycat

Hi there
I'm sorry to hear about the situation you're in.

I know that some solicitors offer a free appointment to give advice on some matters. I arranged for my Dad to see one, he was really good, put us on the right track and charged us nothing.

It may be worth ringing round to see if any firm in your area would be willing to advise you on who (if anybody) is liable for your friend's debts.

Re this:

but owes a lot on a friends club book,they want a copy of the death certificate(not a problem)her last name and address and our home address.

Who exactly are 'they' who are asking for a copy of the death certificate?
Is it the friend who runs the club book (is this a catalogue?)?
Or is it the catalogue company?
Surely if your friend ordered goods, both HER friend and the catalogue company would know HER (your friend's) name and address.

Sorry if I've misunderstood the situation.

Pollycat

Just another thought:
did your friend leave any assets (house/car etc)?

MrsTinks

If there were no assets and no estate then all debts "die" with the debtor - many companies however will try to make people believe that the next of kin should pay the debts either legally or morally - They are WRONG and very very naughty to try and get money of anyone other than the executor of the will. If there is no will and no executor and more importantly - no estate worth anything then they have no claim so tell them to stuff it!

I am guessing that if your friend lived very hand to mouth off benefits then there isn't much in an estate that they could try to claim against so they have no hope of getting any money. Just tell them in no-uncertain terms to go away once you have provided them a copy of the death certificate - that is all you need to give them

anguk

When my BIL died he had no will or assets and my OH and I had to sort everything out. He had a debt with a friends catalogue too, we gave them a copy of the death certificate and our address, the catalogue company did get in touch with us but we told them that there was no money and we never heard from them again. The same thing happened with the 2 credit card companies that he owed money to.

As MrsTine says, just remember that if the deceased has no assets then the debt dies with them, nobody else is liable, not even the next of kin.

tori.k

Pollycat wrote: »

Hi there
I'm sorry to hear about the situation you're in.

I know that some solicitors offer a free appointment to give advice on some matters. I arranged for my Dad to see one, he was really good, put us on the right track and charged us nothing.

It may be worth ringing round to see if any firm in your area would be willing to advise you on who (if anybody) is liable for your friend's debts.

Re this:
Who exactly are 'they' who are asking for a copy of the death certificate?
Is it the friend who runs the club book (is this a catalogue?)?
Or is it the catalogue company?
Surely if your friend ordered goods, both HER friend and the catalogue company would know HER (your friend's) name and address.

Sorry if I've misunderstood the situation.

the catalogue company want a copy of the death certificate, yes her friend know's her address just they passed the buck (to coin a phrase) to me, they are worring that the catalogue company will try to make them pay for the goods that she had (fair enough) im hoping the other poster's are right that the debt died, she had no money or assets at all and we cannot afford to pay her outstanding debts, people can be so horrid....its been a nightmare as gas/electric etc etc want their outstanding debts settled but dont want to deal with me as im not related, sadly it cant be that unusual that people pass with no real next of kin....you would think they would already have some sort of plan in place to deal with situations like this....i had one phone company treat me like personally stole their money off them, all i want to do is get things settled for her son's sake....

alwaysonthego_2

I work for the cab and MrsT's advice is spot on! If the creditors keep harrassing you, you can complain because it is against the law.

Have you applied for benefits for your new addition i.e child benefit etc?

MrsE_2

tori.k wrote: »

the catalogue company want a copy of the death certificate, yes her friend know's her address just they passed the buck (to coin a phrase) to me, they are worring that the catalogue company will try to make them pay for the goods that she had (fair enough) im hoping the other poster's are right that the debt died, she had no money or assets at all and we cannot afford to pay her outstanding debts, people can be so horrid....its been a nightmare as gas/electric etc etc want their outstanding debts settled but dont want to deal with me as im not related, sadly it cant be that unusual that people pass with no real next of kin....you would think they would already have some sort of plan in place to deal with situations like this....i had one phone company treat me like personally stole their money off them, all i want to do is get things settled for her son's sake....

Are the council social services helping you with support, advice, money, etc?
If not contact them, let them help you with this.

tori.k

we have had her son for almost 6 weeks and other than 3 phone calls (2 that i made to them) havent seen sight or sound, its a joke, they are not interested as he is 16 this year, i spent alot of time worrying that he would not be allowed to stay with us....turns out it be more a issue if i didnt want him to stay, they know he is safe with us as both hubby and me have regular CRB check's with our job's,but its a disgrace that no-one has bother to check on him. it is classed as a private fostering so foster payments dont apply to us (not that it matter's) the catalogue company say's its sorted as long as they get a copy of the death certificate (we can only hope) British gas wont even deal with me as in not next of kin, but the landlord is trying to sort that for me....thanks to all for all the advice

affordmylife

just wanted to say what a lovely person you are for taking this young man into your family xx