DWP asking for info after mums death

Snowy2012

grummps wrote: »

Unfortunately someone has to!!

You simply cannot just ignore the requests for information, money and documents.

It is quite simple and when I get chance in the morning I will try to find a website (HMRC I believe) that gives a lot of help and advice.

The option of not doing anything just isn't there to take

I would appeciate that website grummps. It was my understanding that there is no legal obligation for me to do anything other than register the death.

grummps

Snowy2012 wrote: »

I would appeciate that website grummps. It was my understanding that there is no legal obligation for me to do anything other than register the death.

http://www.direct.gov.uk/en/governmentcitizensandrights/death/preparation/dg_10029468

shop-to-drop

Did all those taking cash out of her account have legal authority to do so? ie Power of Attorney.

antrobus

grummps wrote: »

Right, mum died intestate (no will). Someone has to act as the Administrator and have it approved.
....

To have what approved exactly?

OP has already told us that mum died leaving nowt but £400 in her bank, whilst the funeral cost £2,000. The bank will (and probably already has) released the £400 on receipt of the death certificate. There is no neccessity for anyone to apply for Letters of Adminstration because there's nothing to administer.

antrobus

YesWillMan wrote: »

Someone else mentioned that you can write to all concerned that there were not enough funds to repay any monies or pay any debts which have been accrued.

Me probably.

There is even a template letter here
http://www.bereavementadvice.org/probate-and-other-legal-procedures/insolventestates.php

YesWillMan wrote: »

... I sent this to the banks and credit card companies and they all agreed to write off the respective debt.

That's the way it's done.

antrobus

Snowy2012 wrote: »

I would appeciate that website grummps. It was my understanding that there is no legal obligation for me to do anything other than register the death.

Absolutely correct.

The only reason that people go to court to apply for probate or letters of administration is because that's the only way you can get hold of certain assets.

grummps

antrobus wrote: »

Absolutely correct.

The only reason that people go to court to apply for probate or letters of administration is because that's the only way you can get hold of certain assets.

and if banks refuse to release monies (be it £1 or £1,000,000).

With such a small estate, it is not always the case that you can deal with it with just a death certificate.

Some banks can be funny about it and some creditors can demand it.

I have acted as Administrator for quite a few estates. Some were substantial and one was actually a bankrupt one - much akin to what the poster is talking about (total debts exceed assets).

The major creditor in that case refused to accept the death certificate and refused to accept the word of the wife of the deceased. They demanded that an Administrator was appointed.

I applied to the High Court for my appointment.

The end result was just the same - no money for any creditor, and not even enough to settle the funeral costs and headstone - they just wanted it done correctly. The creditor was only owed £640!!!

antrobus

grummps wrote: »

...With such a small estate, it is not always the case that you can deal with it with just a death certificate.
....

No it isn't, but the OP obviously has, so it would be utterly pointless to tell them that somebody must apply for letters of administration, when there is in fact nothing to administer. It's just purely a question of informing any creditors that the estate is insolvent.

grummps

antrobus wrote: »

No it isn't, but the OP obviously has, so it would be utterly pointless to tell them that somebody must apply for letters of administration, when there is in fact nothing to administer. It's just purely a question of informing any creditors that the estate is insolvent.

I agree, but it was important to point out that one or more of the creditors may require someone to be appointed as the Administrator. They may choose not to accept what the poster tells them! I wouldn't if an estate owed me some money, and all I had was the word of a not too interested relative.

I would never administer any intestate estate without having first been formally appointed whether it is an insolvent one or not.

Snowy2012

shop-to-drop wrote: »

Did all those taking cash out of her account have legal authority to do so? ie Power of Attorney.

Mum kept a tight hold of her card and only gave it to people with her express permission (and an instruction to get a receipt LOL!) - In my understanding that doesn't break any laws but may break the banks T&C's.

antrobus wrote: »

To have what approved exactly?

OP has already told us that mum died leaving nowt but £400 in her bank, whilst the funeral cost £2,000. The bank will (and probably already has) released the £400 on receipt of the death certificate. There is no neccessity for anyone to apply for Letters of Adminstration because there's nothing to administer.

Quite true - there really is nothing to administer - No property, no shares, no insurances, no savings, no car - nowt but an old settee!

grummps wrote: »

I agree, but it was important to point out that one or more of the creditors may require someone to be appointed as the Administrator. They may choose not to accept what the poster tells them! I wouldn't if an estate owed me some money, and all I had was the word of a not too interested relative.

I would never administer any intestate estate without having first been formally appointed whether it is an insolvent one or not.

I can understand why some creditors might insist on the appointment of an administrator - However, if all of the family members refuse to accept the position of administrator I am not quite sure how they would proceed?