Dad passed away with 2 months into contract of 12 months, want me to pay remaining 10

RAS

KD1 wrote: »

Yes Dad was a sole trader.

Pity as this means that Siemens are entitled to money from his estate.

KD1 wrote: »

Mum has had to take out an extended mortgage as matures next year on an interest only mortgage and is now having to convert to a capital and interest mortgage

Good - at least that is sorted and she does not have to sell.

KD1 wrote: »

Equipment is here at my mums home, they have requested equipment and still want 3001.18.

Almost certain the insurance does not cover death, just equipment its self but will look for insurance policy at my mums.

Please write to Siemens and tell them were it is and ask them to take it back ASAP. Send that letter registered post.

KD1 wrote: »

Other assets tools clothes and some electrical items which were my dads total to £2180 if anyone were going to have that it would go to the council tax

Not sure you can do that. I suspect that the CT bill is joint liability and your mother now picks up that tab. Has you mother applied for single person's CT exemption?

I suspect that Siemens can claim the value of the assets in your father's estate to pay for the outstanding liability. You might be able to argue for a full and final settlement of a lower amount.

What I cannot understand is why you went for probate? The net value of the estate appears to be well under the low value estate limit, if not negative.

Siemans probably think there is thousands to claim because you have gone for probate?

KD1

Thought council tax were priority, I were told to make sure all his bills are paid of which were all attached to the house.
I were advised to apply for probate to deal with his estate.

Another member suggested renting the equipment out as if they are charging for it I could try and get some mony back.

Thanks for your replys kd1

RAS

KD1 wrote: »

Thought council tax were priority, I were told to make sure all his bills are paid of which were all attached to the house.

Ct is a priority debt but it is a joint and several liability, which means like the house, it passes to your mother on his death.

You do need probate for a large estate; what value did you put on it? For small eates, it is not necessary.

KD1

Need to get the documents out and have a look. The figure I gave you for his estate £2180 which are made up of tools and his two cars which are not running propery, what would happen? Would they come and take them away and his clothes. And if they didnt add up to the value of siemens debt what would happen then. Thanks kd1

RAS

No they would not count his clothes; you can set the value of them as a nominal value; unless they are designer dresses? Basically what they would get as rags, per kilo.

KD1

ok well think clothes are out of the question just the two cars i put a total value of his assets as 2180 thinking the cars would be worth this but not looking like they are as there are several issues with them so maybee I will be liable. Thanks kd1

RAS

KD1 wrote: »

ok well think clothes are out of the question just the two cars i put a total value of his assets as 2180 thinking the cars would be worth this but not looking like they are as there are several issues with them so maybee I will be liable. Thanks kd1

Let's get this much right, please.

If the money is dad's estate is not enough to cover his debts, then you are NOT liable for any shortfall.

Executors are never liable for debts of the estate.

have you paid for the funeral from the estate?

and put an ad in the Gazette?

sandraroffey

YOU are not responsible for any of his debts, his estate is. if there isnt enough in the estate to pay, they get nothing and its written off.

KD1

My mum would like to know if the house which was in joint names (beneficial joint tenants) is counted as my dads estate as the rules of a house in a benefical joint tenancy is it is automatically inherited to the surviving spouse?

Would we be required to sell the cars and tools amounting to £2180 or can I leave this to them, and if they do not amount to this as they are not running properly as I have found will I have to declare this to probate office as i told them they ammounted to this. Thanks KD1