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rent refund after death

My Mother in law recently passed away and she resided in rented accommodation. After the keys were handed back the account was 40 pound in credit. As she had few assets there was no need for a will, however, the housing association will not refund us with the money unless we get a form signed by a solicitor stating my wife is the executor of the estate. Obviously the cost to do this is far more than the over payment. This seems wrong but what can I do???
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Comments

  • consider it a donation to the housing association for the subsidised accommodation that your mother in law made use of? Good karma :)
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Paggy66 wrote: »
    My Mother in law recently passed away and she resided in rented accommodation. After the keys were handed back the account was 40 pound in credit.

    As she had few assets there was no need for a will, however, the housing association will not refund us with the money unless we get a form signed by a solicitor stating my wife is the executor of the estate. Obviously the cost to do this is far more than the over payment. This seems wrong but what can I do???

    Do you mean that your MIL didn't have a will or that there was no need to get probate?

    If there wasn't a will, no-one can be the executor. Your wife would have to apply to be the administrator of the estate and that wouldn't be worth doing for £40.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    So I could turn up at the HA office, say I am your MIL's son, and expect them to give me the money?

    Of course they need proof your wife is entitled to the money.

    Or rather, that your MIL's Estate is entitled to the money, and your wife is legally managing the Estate.

    Now read:

    http://www.justice.gov.uk/courts/probate
  • Paggy66 wrote: »
    My Mother in law recently passed away and she resided in rented accommodation. After the keys were handed back the account was 40 pound in credit. As she had few assets there was no need for a will, however, the housing association will not refund us with the money unless we get a form signed by a solicitor stating my wife is the executor of the estate. Obviously the cost to do this is far more than the over payment. This seems wrong but what can I do???

    so she's had subsidised accommodation for most of her life and you want £40 back?

    I have to admit that if one of my family members was b1tching about £40 after a family member died I would be absolutely disgusted.
  • so she's had subsidised accommodation for most of her life and you want £40 back?

    I have to admit that if one of my family members was b1tching about £40 after a family member died I would be absolutely disgusted.

    Thank you for your sympathy!
    OK more detail. Due to her disability she was in sheltered accommodation which is operated by a private company, why should they profit out of someones death? Banks forward funds direct to the undertaker.
    She was in her 90s and during WW2 she drove ammunition trucks for the troops, after the war she spent many years as a Police Officer. People like her made this country a safe place so insensitive faceless idiots like you can have freedom of speech.
  • sandsni
    sandsni Posts: 683 Forumite
    Sorry to sound harsh, but did the HA get possession of your MIL's place immediately after she died or did it take a few weeks for her family to clear it? It seems a little bit petty to demand a £40 refund unless your wife is down to her last penny and can't afford to eat. If your MIL had been £40 in arrears would your wife have happily paid up or would she have complained about the heartless HA claiming money from a dead woman's estate?
  • Paggy66 wrote: »
    Thank you for your sympathy!
    OK more detail. Due to her disability she was in sheltered accommodation which is operated by a private company, why should they profit out of someones death? Banks forward funds direct to the undertaker.
    She was in her 90s and during WW2 she drove ammunition trucks for the troops, after the war she spent many years as a Police Officer. People like her made this country a safe place so insensitive faceless idiots like you can have freedom of speech.

    in your first post you say it was a housing association...

    losing a parent must be one of the most traumatic events in most peoples life's. You really think the most important thing you have to do is chase £40?

    I know you'll get offended, but if one of my family was chasing such a small amount of money I would probably never speak to them again.
  • Paggy66
    Paggy66 Posts: 6 Forumite
    sandsni wrote: »
    Sorry to sound harsh, but did the HA get possession of your MIL's place immediately after she died or did it take a few weeks for her family to clear it? It seems a little bit petty to demand a £40 refund unless your wife is down to her last penny and can't afford to eat. If your MIL had been £40 in arrears would your wife have happily paid up or would she have complained about the heartless HA claiming money from a dead woman's estate?

    Yes she would have paid it if in arrears as she has paid gas, electric and phone bills.
    It is a matter of principle, why should a company get to keep this? As I mentioned banks have procedures in place for such events. no problems donating it to charity.
  • Paggy66
    Paggy66 Posts: 6 Forumite
    in your first post you say it was a housing association...

    losing a parent must be one of the most traumatic events in most peoples life's. You really think the most important thing you have to do is chase £40?

    I know you'll get offended, but if one of my family was chasing such a small amount of money I would probably never speak to them again.

    Suppose they would see it as money well spent
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    Where did the money come from to pay the rent? Was it paid through housing benefit or from private means?
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