Death of the judgment debtor

mattannar

Oops
No will, so did the correct procedure get followed for someone who died intestate.
As the song goes "there may be trouble ahead"

alastairq

if an executor subsequently petitions BR, would any claims against the deceased estate be included if not met at the time?


Would they be the 'executor's debts?
If the original debts were incurred prior to the date of an executors BR, would they still be categorised as prior-acquired, if subsequently laid at the door of the executor?

I suppose what I am asking is, once a debtor has deceased, [and the situation the OP describes occurs] do those debts be attached to the executor as their own?

frilly_knickers

bargainbetty wrote: »

Just a thought, but you said it was a writ. Can you explain more about the actual claim the baliff is making?

Value, type, court ordered etc... a writ can be issued for court action, but not be court ordered as yet, if you see what I mean. I'm wondering what stage the claim was at when the baliff arrived. Is it just a debt collector? Has the debt been proven? Could a judgement be set aside, since any proceedings would have likely taken place without the deceased's knowledge, or during the final stages of their illness etc?

I am not aware of the full details, but it appears that the creditor was awarded damages by the court in early 2012 which was unpaid. I think the bailiffs were from the court, not a debt agency.
They have left paperwork, which I am not in possession of at the moment, the situation at the moment is that the debt is apparently rising every time they visit, not sure when they will be back, fortunately they weren't invited in, which from what I understand means if they return they cannot force their way in.

coolcait

The 'executor'/'person who just helped out as a favour' needs to get down to CAB - or even a lawyer - asap.

They need some specific advice, backed up by as many hard facts as possible.

The people who got money from the deceased's estate probably need to do the same.

frilly_knickers

coolcait wrote: »

The 'executor'/'person who just helped out as a favour' needs to get down to CAB - or even a lawyer - asap.

They need some specific advice, backed up by as many hard facts as possible.

The people who got money from the deceased's estate probably need to do the same.

The bailiffs are not in possession of the executors name, they have no idea who it was, or the people who benefited from any money, the only name they have is the son who now lives at the address.
He is pleading ignorance at the moment saying nothing, or admiting to anything.
I am not even sure if they could establish whether there was any money left in the estate. No one has told them anything.
Don't you think it is a poor show chasing someone for a debt after they are dead. It is heartless and evil, and just shows how selfish people can be.
Anyway thanks for the advice, I have spoken to the son and told him the information. He is considering moving out of the flat shortly as he finds it too upsetting, in my opinion that would be the best thing, make a clean break and move on.
His name is not on any documents so he cannot be held responsible.

antonic

No I dont think its hard and evil to pursue the estate of a deceased person, after all the debt existed before they died.

HMRC collect money from estates, why should your friend be any different ?.

frilly_knickers

antonic wrote: »

No I dont think its hard and evil to pursue the estate of a deceased person, after all the debt existed before they died.

HMRC collect money from estates, why should your friend be any different ?.

Because if there was no money, then they would get nothing, therefore the intention is to tell the bailiffs that the person died without leaving any money, there was no will, so nothing is written down.
This decision has been made today, that all knowledge of any money will be denied. There is no paper trail so no proof.
Out of respect for the deceased I think it is unacceptable to harass innocent family members for money when they are getting over the death of a loved one.

Mouse1812

Cash only was it?

frilly_knickers

Mouse1812 wrote: »

Cash only was it?

Pretty much, some money was in the bank, which was used for the funeral expenses and the utility bills, and any debts that were known about, some mail order things, and a sofa from DFS. That was all paid, so it was not a question of avoiding paying what's due. They didn't know about the debt, so no money was available for it then.

mattannar

Who had the authority to take the money out of the bank?