Questions - Death of Relative, Inheritance, Debts

simmed

Hi, sorry if this is the wrong forum. I couldn't find a more appropriate one, although maybe I could have looked harder.

Anyway I need information about this. A relative dies in your family without a will. They have a substantial amount of money/property/goods. You are their only living relative. By default you are set to inherit everything. Correct? What if the relative has debts that have not been paid? For example, living in a state care home.

Any points to information or explanations will be appreciated. Thanks.

sp1987

Please check that there is no will anywhere. A situation has cropped up with regard to someone in our extended family dying, their relative taking out letters of administration to administer the property. A will has been found and now they will probably be liable for the entire inheritance they took as the will takes priority.

Any enforceable debts will be taken from the estate before it is divided up between the entitled parties, presumably one person in your case. This would mean e.g. where a property is sold for £100,000 and fees may total £50,000...£50,000 would be left in the estate. Whatever is left after any associated costs are removed (e.g. solicitors costs) goes to whoever is entitled to it.

Talk to the CAB, you will be able to be more exact in your questions/reveal more personal information you may not wish to share here.

simmed

Thanks for your reply sp1987.

What if, for example, no will was left, they had debts totalling £100, and they had left £100, or indeed, anything less. Is pursuing the money pointless?

poorandindenial

Hi there

I haven't read the whole factsheet but there is one on the National Debtline website that might be abe to help, otherwise a call to National Debtline might help too. (that's me trying to be helpful when I don't know the answer to the question :rolleyes: lol)

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=21_what_to_do_about_debt_when_someone_dies

gettingbetter

hi

from what i can gather
the first people to be paid
will be the undertaker
then the bills get paid
anything left will be left to the family

if i am wrong
the experts will be along shortly

kas xx

AGB863

before any money is paid out to the "family" any debts have to be cleared.

sp1987

If there is eg £100 left and £100 to be paid then £0 will go to the family, but it is well worth pursuing, especially with free advice via the CAB as one can often not be certain what is owed/what property is available to satisfy it. You never know if some of the debt may be unenforceable etc....who knows.

Liability for care home fees in itself can be a bit of a minefield as some individuals are assessed as not being eligible for NHS continuing care when they are entitled by law and suchlike. It is best to get advice on the facts of the case if this is possibly an issue in your situation.

Obviously it is quite a difficult question without knowing what they had and what they owed and to whom.

simmed

sp1987 wrote: »

If there is eg £100 left and £100 to be paid then £0 will go to the family, but it is well worth pursuing, especially with free advice via the CAB as one can often not be certain what is owed/what property is available to satisfy it. You never know if some of the debt may be unenforceable etc....who knows.

Liability for care home fees in itself can be a bit of a minefield as some individuals are assessed as not being eligible for NHS continuing care when they are entitled by law and suchlike. It is best to get advice on the facts of the case if this is possibly an issue in your situation.

Obviously it is quite a difficult question without knowing what they had and what they owed and to whom.

If it is definitely the case though that £100 is due to be inherited but there are £100 debts, is it still worth pursuing? I take your point however that there may be uncertainties with the debt

WASHER

simmed wrote: »

If it is definitely the case though that £100 is due to be inherited but there are £100 debts, is it still worth pursuing? I take your point however that there may be uncertainties with the debt

If the estate is worth £100 and there are £100 debts, these have to be paid by the estate, but the undertaker and surely the solicitor sorting the estate will have to be paid also. It is not worth pursuing something if there is nothing to pursue.

simmed

I know it's a long shot, but are there are no clauses or the like which say that, for example off the top of my head, 10% of the value of the will must go through to the intended target? Or something along those lines.

WASHER

Creditors come first.