Death of the judgment debtor

Thrugelmir

frilly_knickers wrote: »

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.

Who was the personal representative that handled this?

Who obtained probate to deal with the bank?

bris

Whats fair doesn't come into this, the estate must pay the creditors first before any beneficiaries. Failing to do this properly leads to the executor being personally liable. If it was me I would get back as much as I could from the beneficiaries to pay this debt before it mounts up.

Other creditors can come forward at any time so this is why executors need to follow the correct procedure to make sure there are none left. Sadly the executor has made a mess of this one.

Mouse1812

I think the technical expression is "intermeddling in an estate"

Intermeddling and can make a person an executor de son tort. However, an act of humanity such as arranging a funeral is not classed as intermeddling. An executor de son tort may find he is personally liable for his actions even if he acted innocently and will be liable to the extent of the assets of the estate received by him.