Mother died with debt and no estate. Help needed

heatherw_01

How will anyone know if the money is mine or not?? Don't think I am named on anything, it is just these over 50 plans which I think were designed for funeral costs.

When I called the life insurance to tell them she died one asked who would it be made out to and I said me but obviously haven't claimed yet as I don't have the death certificates. I think one is sending a claim form.

Debts with over 5 places and 3 insurance plans makes it so hard to know what the hell I am supposed to be doing.

Need a solicitor. I don't understand at all. This is all so hard to understand and I don't want to make a mistake. So tired of crying over this

heatherw_01

spacey2012 wrote: »

Death policies usually have a named recipient.
The recipient of an insurance policy is free to do as they wish with the money.
The debt firms will gladly let you pay the debts voluntarily and more besides.
If you think you will have a grand left over, order a nice headstone whilst your at it.
Let those that lent money to a vulnerable old lady forgo the risk they took.

I meant I would have a grand over to pay the £20k debts... the life insurance plans total about £3k I think.
Can't be named as one asked who I would want it making out to

getmore4less

heatherw_01 wrote: »

But if it belongs to the estate, the funeral costs come first before they get paid?

Reasonable funeral expences come top of the list for any estate money.

If the life insurance is your money you also have any bank acoount money to pay the funeral, asuming the bank accounts are not offset for debts with the same company - not sure what happens if you get the money out before they realise there are debts.

spacey2012

The solicitor will costs thousands and will want paying by someone living, most likely upfront.
I would sit back and start reading with a a4 notepad and start making some notes of relevant sections.
Funeral costs come out first, so I would be looking for a 3k funeral and stuff the debt collectors.
A bit more advice, stop giving them YOUR details.
They can hound you and "ask" you to pay and may become menacing.
Legally, if the estate is insolvent after funeral costs, they are due a share of what is left, which if it's nothing.
Well she had the last laugh.

heatherw_01

I didn't want to give my details, but what else could I do as they need death certificates. I would have refused to give the debt collectors my address though.

But without a solicitor I will make a mistake! I don't know where to start and have already made notes but there are things that I need to know what to do with.

If the insurance is part of the estate... then what? I can pay for the funeral from it as that comes first, but how do I pay from it if I don't have access? Doesn't make sense.

I have already made notes but it doesn't help at all really. I don't know what you are all saying. You said I don't need to do anything as I am not named. But they need telling she is dead and need a death certificate so I have to do something. The life insurance needs to go somewhere too as the funeral can be paid from it before they can take a cut.

That is why I was wanting legal advice or a step by step guide on what to do.

Should I do absolutely nothing? Ask the insurance companies if the money is owned by the estate? (although I don't have a clue how they would know this) and nothing else? Surely I need to send death certificates off to places no matter what?

I am totally alone with this

Tiddlywinks

I am sorry to hear your sad news - please look after yourself and stop worrying about this stuff - you'll have plenty of time to sort it out - just look after yourself and get the funeral arranged first.

Arrange the funeral and get several copies of the invoice - the insurance companies will usually be happy to settle the bill direct with the undertaker.

Your mum's bank will also be willing to raise a cheque for any funds and pay it direct to the funeral director.

When dealing with the creditors give them your mum's address for correspondence and not your own - then have the mail forwarded to you. The Post Office will forward mail on production of the death certificate (and the usual redirection fee).

Don't phone any creditors... register the death, get certified copies of the certificate at the same time and send one to each of the card / loan companies.... quoting your mum's address for correspondence.

Any insurance left over is likely to form part of the estate and can be shared equally between them.

You are not personally liable for the debts so try not to worry and take your time as you need to look after yourself first.

getmore4less

heatherw_01 wrote: »

How will anyone know if the money is mine or not?? Don't think I am named on anything, it is just these over 50 plans which I think were designed for funeral costs.

When I called the life insurance to tell them she died one asked who would it be made out to and I said me but obviously haven't claimed yet as I don't have the death certificates. I think one is sending a claim form.

Debts with over 5 places and 3 insurance plans makes it so hard to know what the hell I am supposed to be doing.

Need a solicitor. I don't understand at all. This is all so hard to understand and I don't want to make a mistake. So tired of crying over this

Take your time,

the easiest way to not get things mixed up is do nothing for a bit.

Don't pay anyone anything, one tactic creditors use is to try to get anyone to pay.

Check/read any forms very carefully for indemnity clauses for the insurance payouts , check with the companies if these are estate or not.

you don't have to claim the money immediately leave that for a bit

The money side can wait even funeral directors will wait for payment if you have started that process(just don't tell them the estate is insovent or they might want paying up front).

try to get a cab or other appointment.

the money can wait a while.

one thing not covered which may be more important for you at this time is the funeral.

She lived in a different city to me. Do I need to get a funeral director; near to her, near to me or near to where I want her buried/the service?

How distant are these three places most FD can arrange anything perhaps go on a recomendation. perhaps those near where you want to do the service if there is a connection.

getmore4less

heatherw_01 wrote: »

I didn't want to give my details, but what else could I do as they need death certificates. I would have refused to give the debt collectors my address though.

But without a solicitor I will make a mistake! I don't know where to start and have already made notes but there are things that I need to know what to do with.

If the insurance is part of the estate... then what? I can pay for the funeral from it as that comes first, but how do I pay from it if I don't have access? Doesn't make sense.

I have already made notes but it doesn't help at all really. I don't know what you are all saying. You said I don't need to do anything as I am not named. But they need telling she is dead and need a death certificate so I have to do something. The life insurance needs to go somewhere too as the funeral can be paid from it before they can take a cut.

That is why I was wanting legal advice or a step by step guide on what to do.

Should I do absolutely nothing? Ask the insurance companies if the money is owned by the estate? (although I don't have a clue how they would know this) and nothing else? Surely I need to send death certificates off to places no matter what?

I am totally alone with this

The insuraance companies should know who is the benifitiary of the insurnace thats their job.

I know this is hard to get your head round but it is not your(or anyones) resonsibility to inform anyone of a death or send death certificates.

The death should be registered but that is seperate set of requirements

I would step back and have a read of the various guides

allthough most dont cover insolvent estates well so a google might help.

heatherw_01

Tiddlywinks wrote: »

I am sorry to hear your sad news - please look after yourself and stop worrying about this stuff - you'll have plenty of time to sort it out - just look after yourself and get the funeral arranged first.

Arrange the funeral and get several copies of the invoice - the insurance companies will usually be happy to settle the bill direct with the undertaker.

Your mum's bank will also be willing to raise a cheque for any funds and pay it direct to the funeral director.

When dealing with the creditors give them your mum's address for correspondence and not your own - then have the mail forwarded to you. The Post Office will forward mail on production of the death certificate (and the usual redirection fee).

Don't phone any creditors... register the death, get certified copies of the certificate at the same time and send one to each of the card / loan companies.... quoting your mum's address for correspondence.

Any insurance left over is likely to form part of the estate and can be shared equally between them.

You are not personally liable for the debts so try not to worry and take your time as you need to look after yourself first.

What do you mean don't call any creditors? I already told the people she owed money to she died

My mums back froze her accounts as she passed away but they don't have enough to pay for the funeral

You say any insurance left over with form part of the estate, but I don't understand how I pay for the funeral from money I don't have access to unless I claim it.

heatherw_01

getmore4less wrote: »

She lived in a different city to me. Do I need to get a funeral director; near to her, near to me or near to where I want her buried/the service?

How distant are these three places most FD can arrange anything perhaps go on a recomendation. perhaps those near where you want to do the service if there is a connection.

Very far, almost and hour and half from where I live to where she died and another 40 mins from my house to where I want her buried

I don't have any recommendations from anyone because I don't know anyone who has dealt with this

What do you mean by a connection?