forced to pay deceased dads gas debt

spacey2012

Once the morals brigade show up, any thread usually descends in to utter nonsense.
These are people who burn paediatricians offices down.

MillicentBystander

spacey2012 wrote: »

Once the morals brigade show up, any thread usually descends in to utter nonsense.
These are people who burn paediatricians offices down.

Yes, they've already descended on this thread. Eagle-eyed viewers mat spot a familiar name . It's like the MSE Forums have been taken over by the UK arm of the Moral Majority. God help us all....

undaunted

Cardew wrote: »

We really are getting confused.

If someone dies intestate, then part of the probate procedure is to investigate if there are assets worth pursuing. It is nothing to do with any relative UNLESS they wish to get involved. The local district Probate office will appoint an administrator -if necessary a solicitor may be appointed to assist with the investigation; and his charges are paid from the estate. They, and they alone, will decide if there is any value in the estate.

The OP does not have to do anything about his father's estate, and technically he shouldn't remove a teaspoon from the house until being given permission by the probate office.

BG, in this case have to apply to the probate office for their debt to be paid, and as stated above, if there are no funds - they get nought.

I cannot understand why you feel the OP would need to account to BG for the value of any of his father's possessions, - that is the Probate office's job. Or account for where he lived, if the account was in his father's name alone, 'joint and severally liable' does not apply.

sacsquacco wrote: »

I was executor to my dad, there was a house involved, so it went to probate. costs was only £8.50 to fill in the form and apply for letters of administration. ( no solicitors needed ) however with mum, she had no assets, no property and in these simple cases there is no need to apply for probate. I approached her main bank ( who were owed several thousands of pounds ) and they quickly ended up scrubbing any debts. The probate office is needed when the estate is valued over a certain amount or property is involved. There is nt any law which says you must even have an executor , as the executor can then be legally chased for debts, funeral costs

Sacsquacco seems to have pretty much covered it here Cardew. Lots of people with minimal assets die & their families don't get involved with the probate office, solicitors etc. Companies probably find it more trouble than it's worth to pursue in a lot of case.

I suspect that is the case here & the poster has been living in the house & using the electricity for some time - just like those students not named on bills so often told tough, still liable. (note that it is you not the poster who has raised any mention of "probate", we appear only to have his / her word that there were no assets at the moment)


I could be wrong of course & either way the poster is free to argue his case in court should he / she wish but I don't expect them to come back & say the judge agreed with them (or you) if they do. As things stand BG certainly don't seem to.

undaunted

Cardew wrote: »

They may all be liable for a share of the bill but not to the Utility company!

If there is only one person named on the bill, they alone are responsible for paying the Utility company. Utility companies will never get involved in Third party disputes. They have no idea of the names of other occupants, or who moved in/out when, or who paid their share to the account holder etc.

That person can sue the other house occupants for their share of the bill.

If you read any of the Student advice websites it usually has this type of advice:

Technically this may be so. In reality however (just as in this case) if they roll up, fit a PPM & stick the debt on it those occupants are likely to end up having to pay it & in such cases I would suggest that a Judge would be unlikely to find that unreasonable even if they did then end up fighting that out in court

undaunted

sacsquacco wrote: »

When I applied for probate , all it meant was that I went along to the probate office and swore on the holy bible that I would administer the estate honestly and correctly. It was all then down to me personally to investigate and administer the estate. The probate office dont have the means or manpower to do any investigations. normally it is solicitors who take this role on. I suppose I could ve been open to prosecution if I had not done the job properly.I had enough family members making sure everything was above board

I suppose "you" could - theoretically - but when nobody is investigating & there aren't lots of other family members involved would anyone ever find out if you just said he's dead, he had no assets, I wasn't living there etc - even if you were & he did? (hence why I think the poster does need to prove this was the case to BG in order to be rightfully free of the debt)