Can funeral costs be paid before any other debt?

Dizz

Hi everyone

I am wondering if anyone has any experience of this?

My dad died last month leaving just about enough money in his bank account to pay for a reasonably basic funeral.

However, he has been billed by the Local Authority for his care home charges, which amount to about £3000, which is about what he had in his bank account. These charges date back from April this year, but we've only just received the bill (which is in my Dad's name).

My brother and I are the only surviving relatives, we do not have the money to pay for the funeral, which would have to be paid for by using our credit cards. Does anyone know if the bill for the funeral can be paid for before any other debts are paid? There would be a few hundred pounds left over to pay the Local Authority something but nowhere near the £3k they are looking for.

I will try to get in touch with the CAB, but trying to get phone advice is a bit of a nightmare!

Thanks

RAS

Funeral costs have the first call on the estate. You need to get the Funeral Director to send the bill to the bank.

Ames

RAS is right. When my mum died I took the funeral invoice to her bank who gave me a bankers draft to send to the funeral directors. The invoice was in my name and I had to show ID.

I had to explain the law to them though, because it was Santander and therefore they were clueless.

skylight

Normally yes. Taxes and funeral expenses are paid from the estate first, then debts are paid from the estate after that and whats left is divided as per the will/intestancy rules. If there is no estate left though, then the debts are not payable by anyone (unless of course, they were joint in the first place).

Chat to CAB about it and call the local authority and tell them that there is no money in his estate to pay the bill (do not at all mention the bank account), asking what the process is next. You are not liable for this bill.

There is a funeral grant benefit. Would you or your brother be eligable to claim this?

Dizz

Thanks RAS, Ames and Skylight. Skylight - unfortunately the Local Authority know he had that money in his account as they had just assessed his finances - hence the bill for his care. My brother and I are not eligible for help with funeral costs as from what I can see, you can only get help from DWP if you are on benefits, and neither of us are. It seems very unfair as we are now saddled with the cost of the funeral, which we will have to put on credit. I'm really stuck.

NAR

Dizz get Funeral Director to invoice the bank immediately. When this invoice has cleared you can show the Local Authority a bank statement showing the balance. This can then be paid over when released by the bank. This will obviously not cover the £3k debt but that it too bad for the L.A. Had your dad any household items/car etc that could be sold? If yes then these monies will be part of dad's estate and L.A. would have claim on that money also.

Mojisola

Dizz wrote: »

Thanks RAS, Ames and Skylight. Skylight - unfortunately the Local Authority know he had that money in his account as they had just assessed his finances - hence the bill for his care. My brother and I are not eligible for help with funeral costs as from what I can see, you can only get help from DWP if you are on benefits, and neither of us are. It seems very unfair as we are now saddled with the cost of the funeral, which we will have to put on credit. I'm really stuck.

No, you won't be. As RAS has said, the funeral costs get paid before any other debts. The LA will have a claim on whatever's left.

RAS

Dizz

You are not responsible for paying either the funeral costs or the Social Services costs.

Get the funeral director to issue the bill to your dad's estate and send it straight to the bank. They will pay it.

Pollycat

Dizz
My condolences on the death of your Dad.

did your Dad own any property?

If he didn't and the £3K was the only savings he had, I wouldn't have thought your Dad should have been paying anything towards his own care (unless I've got myself all mixed up 'cos I've been really busy today).

I thought if someone had less than £14250, the LA funded someone's care - although they would take most of the person's income (including state pension and most benefits) towards the care fees and leave the person with approx £26 per week spending money.

The £3k they've billed you for is approx £115 per week based on 6 months (April - Sept) which isn't anywhere near the full amount I'd expect for a care home per week.

If your Dad had savings between £14250 & £23250, he'd have paid something towards his fees.

Do you have a copy of the Council's financial assessment?

Gavin83

It will likely be the contribution he should have made while in the home which is payable regardless of the savings. However the funeral costs will come out first as already mentioned by the majority.

McKneff

To be honest, I cant believe your moaning about paying for your father's funeral, even if you arent liable.
He was your father !!!!!!, I wonder how many hours he worked hard to earn money to bring up you and your brother up through all the years.

Why should the tax payer pay the bill.

I would sell my soul and my house and give it away if I could just have 5 mintues with my dad.