Probate Lawyer

Lizzybop

Just looking for a bit of advice. My FIL passed away recently, leaving nothing but a fat pile of debts. So those that are left are trying to sort through it all.

He had a BT credit card (amongst others!!!) run by MBNA, and they don't seem to believe there is no money to pay off his debts. Trust me there's barely a penny!

So...they've said they're going to employ a probate lawyer to investigate. My MIL - who didn't live with my FIL, they just never got round to getting a divorce - has told them there is no money. They have suggested they will be sending her the bill. She told them to send it to the estate of my FIL and it can sit in the pile with all the other unpaid debts. They told her it doesn't work like that.

Can anyone advise if there is any liability on anyone other than the estate of the deceased? None of the debts were in joint names, all were solely in the name of my FIL.

MIL is a bit worried she's going to have to employ some sort of legal counsel, if MBNA are having a lawyer. And that it's going to cost.

Any advice welcome

Thanks

hypno06

Don't worry - there is no liability on anyone else other than the estate itself. If there are no assets in the estate to cover bills, they will go unpaid.

it would be worth the executors or MiL having a free half hour consultation with a lawyer themselves just for peace of mind.

Let MBNA pay a probate lawyer if they want - it won't get them anywhere.....they are just trying it on.

Rest easy x

SouthCoast

Some advice from CAB:

http://www.adviceguide.org.uk/index/family_parent/family/dealing_with_the_financial_affairs_of_someone_who_has_died.htm

Lizzybop

Thanks Hypno, appreciate that. We didn't think anyone else could be held liable.

Will suggest trying for a free 30 mins to MIL.

Cheers
Lizzy

zzzLazyDaisy

Hypno is right. All debts are the responsibility of the estate. If there is no money in the estate, then the debts die with the deceased.

NO-ONE else is responsible for any debts that were in the sole name of the deceased.

It is worth getting all the bills together and producing a simple statement showing what money is in the estate and where (if any), and also giving a summary of debts owed (ie name of organisation, address and the amount).

If FIL was in rented accommodation it is worth including the landlords details, even if no money is owed to the landlord, as this will show there is no house to sell.

Then take a full set of photocopies of the bills, attach the statement to it, and send a copy off to anyone who challenges the situation.

DO NOT send original bills etc, just copies, as these things have a habit of getting lost.

Pee

If there is any money in the estate - i.e there is £3,000 somewhere and £3,000 worth of debts somewhere else, i would advise that MIL speaks to a solicitors, as the costs will be an expense of the estate and the last thing your MIL wants to do is accidently give prioerity to the wrong creditors.

If there is no money i.e. there is no cash in any bank or less than £200 then set this out as clearly as possible and keep going with it. The lawyer will only look into it and tell MBNA the law, so actually, them having one is a benefit to you.

Lizzybop

Southcoast: Thanks for the link, will pass info to MIL.

LazyDaisy: Thank you, good idea about taking copies & statement & stuff. He did live in rented and rent was paid up to mid August - although he had said to friends he didn't know how he was going to pay rent after that and that he thought he would have to put it on his credit card!!!!! Not a problem any more I guess.

Lizzy

Lizzybop

Cheers Pee,

Understand what you're saying - but there was nothing (His MIL paid for the funeral)

He used to own a property, but sold it to one of those we'll buy your house quick merchants, a couple of years back. Paid off outstanding mortgage and nothing left!!!!

Didn't have any life insurance or anything.

But thank you.

Lizzy

RAS

Hi

You may be entitled to some help paying for the funeral if he had no assets to contribute to it.

Pee

Help with the funeral is based on the circumstances of the person paying, but def worth looking into.

Well, just keep telling them. I know it is unpleasant.

Lizzybop

I think we're all a bit fed up now. He hadn't shared his situation with anyone (but then would you tell your kids???)

My DH (son of deceased) has said he is annoyed with his dad for leaving such a mess.

I think we've got a handle on all of it now. MIL got bank accounts frozen and there's nothing like an unpaid direct debit to get a creditor out of the woodwork. We're having his mail re-directed here and nothing new has reared it's ugly head.

Mobile phone company 3 have been so very helpful and British Telecom have been complete pains in the rear!

Thanks all for your advice.

Lizzy
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