Bill received 18 monthes after death

Davybb_2

Hi,
I wonder if anyone can give me some advice.
My mother died just over 18 monthes ago, and I have just received a bill for £5000 from the care home that she was staying in.
The money that my mother left has been spent (after waiting for a while to see if any debts were outstanding).
What I need to know is this: How long am I liable for paying any debts that come in? I thought after 12 monthes I was safe to spend the money.
Even though I work, like most people I have not just got £5000 to pay just like that. If I do have to pay could I ask to pay in small amounts?

I would appreciate any help as I am worried sick.

Thank you

Dave

RAS

Did you advertise for any creditors to come forward?

Davybb_2

No, but my mum died at the home that she was at so it wasn't as if they didn't know she had died.

LillythePink

I don't know about the UK, but here in Guernsey I was told that the limit was 7 years unless you put a notice in the paper and put a time limit on it of say 3 months for any creditors to come forward.

I must admit, that as a recent executor, I didn't put a notice in due to the simplicity of the estate that I was dealing with that's not to say that it might not happen to me as well - but I will have to see.

handyman123_2

You need to request a break down of the bill from the care home.
Was your mother self funding, I guess not? I am having to go through all this with my Mother at the moment. Thankfully she is still with us. As I understand it (complicated system) you are allowed to keep 16K of savings. When your assets are below that amount state funding covers @ 90% of the cost. Some homes charge a top up fee, which has to be paid by relatives whether they agree or not (I don't know how this is enforced).

If the home charges more than the maximum state allowance you should have been informed as N.O.K.

I know in my own experience, Mothers care home is waiting for payment until her house is sold. We have been given a bridging loan by social services, to be repaid on the sale as well. After that when her savings dip below 16K I will have to find an extra £200 per month to keep her in the home. Sucks doesn't it. I think somewhere down the line social services have not paid out or your Mother never claimed.

I read of one case where someone in the west country claimed back 50K after his Mother passed away as he had funded everything himself, and had never been informed of the benefits available.

Sorry I can't offer specific advice but I hope this gives you a few avenues to explore.

Cheers, handy

Davybb_2

Thanks for advice so far, I just need to know if there is a time limit for repayment of debts. Thanks

handyman123_2

Davybb wrote: »

Thanks for advice so far, I just need to know if there is a time limit for repayment of debts. Thanks

I have just had a quick look on CAG and also found an article on wills, If there was no will left did your Mothers estate go to probate? I can't find anything on time limits. All debts should be paid first before any monies are taken by the beneficiaries. But that still doesn't explain why the home never said anything, and then waited for a year and a half before sending the bill. I have had some bad experiances with care homes. Did your Mum have a social worker? if so they would be able to assist in letting you know what benefits she was getting and what had been paid to the home?

Hope this helps, handy.

mummytotwo_3

HI there,

Iv just gone maternity leave, and I work in a private nursing home who does charge the top up fee. This is with us included in the final weekly amount, eg nursing fees of £416 p/w but £30 p/w is top fee, but this is shown in the breakdown of charges we give each new nok for residents, and is also shown on their monthly bill, along with any pocket monies. The majority of homes that charge this fee are the private homes not the council run establishments. Home owners will advise it is for the upkeep of the home, as they receive no extra from social services for this and social services set the rates of care they are prepared to pay.

Now with regards to the bill you have received from your late mothers home, it may well be that they may not have been in a position to send the bill any sooner. From personal experience with some of our late residents - we have had to wait on social services with regards to working out what they would contribute and what the nok or client had to contribute - we have some cases going back two years - where we chase social services regularly.

Can i ask how long your late mother had been resident there? and whether you had many payments whilst she was there.

Unfortunately if the home do not receive payment, after a few chaser letters, they will inform you that they are refering the debt to social services to recover (if there was any social services funding involved) and i have heard of them making people bankrupt if the debt is not paid, but that is in the extreme, and has never happened at the home i work in.

Baggysdad

As you didn't advertise for creditors to come forward, you are liable for the debt.

You need to enter negotiations for its repayment with the creditor.

DarkConvict

After alot fo searching, i have honestly not found anything fo much use.

Best i can find is that the death should be published in the london gazette if the estate is to be split between benifices rather than inherited by a spouse.

E.G. 1885 - http://www.london-gazette.co.uk/issues/25499/pages/3722/page.pdf

I do not believe it has changed must in the last 100+ years.

As such as a letter to reply with i would go along these lines.
Although do contact a free solicitor for advice on the matter.
All i know for sure is that if the executor/administrator of the will distribute the estate before paying the creditors, the executor/administrator is liable for the outstanding debts (upto the value of the estate). That is if they failed to notify the creditors of death.
http://www.iii.co.uk/articles/articledisplay.jsp?section=Banking&article_id=10031843

3 month rule - http://forums.moneysavingexpert.com/archive/index.php/t-2141865.html

---

Your address
Date

Their Address

Ref: (Mothers Name) Care costs outstanding after death.

Dear Sir/Madam,

I thank you for the letter that brings to my attention the outstanding care costs of £xxxx, for my late mother, it is unfortunate that these costs were left behind after she sadly passed away on xx/xx/xxxx.

I was unaware of any money outstanding however, as my mother's care home you were aware of her death, as were all my mother's creditors. As required all creditors were given 90 days after been made aware of the death to present a claim for any monies owed to be paid out of the estate.

The (executor/administrator (change as needed)) of the will did not receive a claim from yourselves within this time period (or state a rough date 90 days from death), as such the estate paid out to all creditors that made a claim and provided proof of money owed, followed by the beneficiaries been paid out of the remaining estate.
It is worth noting, that in some cases 6 months is required to be left between distribution of the estate to beneficiaries , however I would remind you that your claim is 18 months later and as such falls well outside of that time limit as well.

The estate has therefore been dissolved, and unfortunately this means the debt you are claiming will not be paid as there are no funds or any person liable to pay the debt you are claiming is still owed. Whilst this is not the news you would like to receive, I am sorry that this debt was left outstanding by my mother, but can only remind you that you should have made a claim within 90 days of been notified in order to have been paid out of the estate before it was distributed to the beneficiaries.

Whilst I am likely to be unable to help any further in this matter, if you do have any questions I will adhere to answer them.

Yours Faithfully,

Print name

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I do advise you get feedback from others incase my letter is totally wrong.

handyman123_2

mummytotwo wrote: »

HI there,

Iv just gone maternity leave, and I work in a private nursing home who does charge the top up fee. This is with us included in the final weekly amount, eg nursing fees of £416 p/w but £30 p/w is top fee, but this is shown in the breakdown of charges we give each new nok for residents, and is also shown on their monthly bill, along with any pocket monies. The majority of homes that charge this fee are the private homes not the council run establishments. Home owners will advise it is for the upkeep of the home, as they receive no extra from social services for this and social services set the rates of care they are prepared to pay.

Now with regards to the bill you have received from your late mothers home, it may well be that they may not have been in a position to send the bill any sooner. From personal experience with some of our late residents - we have had to wait on social services with regards to working out what they would contribute and what the nok or client had to contribute - we have some cases going back two years - where we chase social services regularly.

Can i ask how long your late mother had been resident there? and whether you had many payments whilst she was there.

Unfortunately if the home do not receive payment, after a few chaser letters, they will inform you that they are refering the debt to social services to recover (if there was any social services funding involved) and i have heard of them making people bankrupt if the debt is not paid, but that is in the extreme, and has never happened at the home i work in.

Hi Mumytotwo, you sound just like the sort of person the OP needs to for advice, I think something has been missed here? Do you mind if I add you to my contacts as I may need to pick your brains at some time Re: My Mum.

Warmest Regards, handy.