Father’s Estate

g6jns_2

RAS wrote: »

Calling the kettle black?

The OP can present a bill from the funeral director and a copy of the death cert and the bank would pay out straight to the funeral director.

That is not intermeddling.

Plenty of case law to support that it is. In any case the bank are under no obligation to pay in the way you suggest. If the original poster is in any doubt then many solicitors offer an initial interview free or there is the CAB.

sheramber

would the funeral directors not be another creditor with the same chance of being paid as the other creditors?

However they have already been paid by someone else.

Crabapple

No, the funeral bill is a priority debt so gets paid before anything else that may be due.

getmore4less

I have done some more digging and I think I am wrong.

Allthough organizing a funeral is OK getting it paid from the estate is most likley not if done by an individual it will count as intermeddling.

Having looked at a few institutions processes it is likely that they would require a document that would result in intermeddling even if it was possible to get the funeral paid without it being intermeddling.

g6jns_2

getmore4less wrote: »

I have done some more digging and I think I am wrong.

Allthough organizing a funeral is OK getting it paid from the estate is most likley not if done by an individual it will count as intermeddling.

Having looked at a few institutions processes it is likely that they would require a document that would result in intermeddling even if it was possible to get the funeral paid without it being intermeddling.

This is why I urged caution. It is one of the pitfalls that the unwary can be caught by. Mr. N really would be well advised to leave it to the creditors to sort out. As it seems HMR&C are the biggest one I would suggest he send a copy of the death certificate to them with a covering letter and let them deal with it.

System

If OP takes no action on the estate to prevent an accusation of intermeddling, can the cost of the funeral be put forward as a debt on the estate? I realise that it will be just a standard debt

getmore4less

!!!!!! wrote: »

If OP takes no action on the estate to prevent an accusation of intermeddling, can the cost of the funeral be put forward as a debt on the estate? I realise that it will be just a standard debt

I think it would still count as the priority debt, just as expenses would be next.

BobQ

g6jns wrote: »

This is not a good idea. In legal terms it is known as inter meddling in the estate. An executor who does this cannot then just walk away. I. Any case the bank are not obligated to release the funds. I know this is hard at this time but you need to avoid making it worse.

This is such bad advice it hardly warrants comment.

A next of kin is entitled to arrange a funeral and recover costs from an estate if such funds exist. Provided they are for necessary and reasonable funeral costs this debt takes precedence over any others. I agree it would be better to have the debt settled directly by a financial institution.

There is no executor or administrator at present and the OP does not need to become one let alone be accused of intermeddling for burying his father. All he should do is inform those who have a claim on the estate what the position is and from the OP it appears they will walk away.

The OP should not describe himself as an executor, just the Next of Kin.

.

g6jns_2

getmore4less wrote: »

I have done some more digging and I think I am wrong.

Allthough organizing a funeral is OK getting it paid from the estate is most likley not if done by an individual it will count as intermeddling.

Having looked at a few institutions processes it is likely that they would require a document that would result in intermeddling even if it was possible to get the funeral paid without it being intermeddling.

This an interesting piece on the subject.

http://www.mondaq.com/x/209888/wills+intestacy+estate+planning/What+Not+To+Do+When+Someone+Dies