Worried about Dad's Estate and debt

getmore4less

pmlindyloo wrote: »

Any monies received from the deceased should have been put in a separate bank account so that records of these can be kept.

There is no requirement to put collections in to a separate account.

pmlindyloo

getmore4less wrote: »

There is no requirement to put collections in to a separate account.

Although there is no requirement it is much simpler to keep track of which money is which than when it is in someone's personal account.

Marktheshark

The mobile phone contracted terminated on death as it is a service contract.

sydneybean

ok, so i have gone through the 1" of paperwork that mum has brought over. There is just so much about HM Land Registry, but I have found from a solicitor the conveyance between the vendors.

there is a paragraph that states following a statement saying "Now this deed witnesseth as follows;

"where there are two or more persons included in the expression "the purchaser" the covenents expressed to be made by the purchaser shall be deemed to be made by such persons jointly and severally and they shall be deemed to hold the property as joint tennents legally and beneficially upon trust for sale with all the powers of an absolute owner"

is that what i am looking for?? all the other paperwork from the halifax (original mortgage) just has them both down as having the mortgage.

:mad:

getmore4less

There is a slight complication that joint assets are no longer total protected by survivorship there were changes to the law(2001) that allows creditors to potentially make a claim.

Although for small amounts and where the asset is a house a spouse is living in it is often not worth the effort to make the claim as this will be considered by the courts.

Here is one of many links on insolvent estates.

http://www.hmrc.gov.uk/manuals/insmanual/ins1703.htm

sydneybean

g6jns wrote: »

Having said that the OP needs urgent professional advice about the tenure and how they should proceed with a possibly bankrupt estate as they appear to have intermeddled in it.

Is that really bad? have we broken the law? starting to worry now, I am trying to help my mum as best I can but she gets really confused about things, and i have just started a new job 2 weeks ago in a different town so try to do things as and when i can

g6jns_2

sydneybean wrote: »

Is that really bad? have we broken the law? starting to worry now, I am trying to help my mum as best I can but she gets really confused about things, and i have just started a new job 2 weeks ago in a different town so try to do things as and when i can

I don't think you have broken the law. All I am saying is you need to establish beyond doubt how the house is owned i.e. joint tenants or tenants in common. The problem is if the estate is insolvent then anyone who has dealt with the estate could have a liability for any losses. That is why you need advice. Remember nobody should rely solely on this board for advice.

getmore4less

sydneybean wrote: »

Is that really bad? have we broken the law? starting to worry now, I am trying to help my mum as best I can but she gets really confused about things, and i have just started a new job 2 weeks ago in a different town so try to do things as and when i can

The reality is these things take time so, take time...

The other that this is not a big money situation on the debt side so creditors might make noises but will consider if going further is worth it. Pursuing dead people for money is quite hard.

What have they said so far?

The house is looking like it probably is joint but even if TIC once confirmed even though that will need probate the chances are the CC company will moan a bit and forget just £2k when they see the inventory and account(posh words for money in less funeral showing negative) and the wife is living in the family home with a mortgage.

Check for PPI on the CC that could make the situation go away.

Probably worth an estimate for the personal assets anything substantial

Do have a free consultation with a solicitor if you can get one.

On pensions DLA etc. DO check but AIUI unless payments were made after the DOD any overpayment become normal creditors even if paid in advance so don't get priority over the funeral or the CC.

(HMRC, DWP and council used to have a preferred status but lost it)

sydneybean

What have they said so far?
When we went to the Yorkshire Bank they just said to wait for letters about the mortgage and the credit card (they are both with yorkshire bank) mum has had a letter saying about the mortgage being overdue so she is writing back to say we were told to wait for them to get in touch with her as it was her name on it too. Have told her it would be an auto generated letter but she is panicking about that. With regards to the credit card i had a call from the girl at the bank who said she had confirmed that the funeral costs have to come out of dads money first, again we have had a letter but we havent responded to that one yet.

Check for PPI on the CC that could make the situation go away.
He had already had some back as it was the one that was in the news a couple of months ago but it was CPI not PPI, there wasnt anything like that on it.

Probably worth an estimate for the personal assets anything substantial
He didnt have anything really, the only furniture we have to sell is an oven and a freezer (which i bought him, does that count)
Do have a free consultation with a solicitor if you can get one. Am going to try to arrange one
On pensions DLA etc. DO check but AIUI unless payments were made after the DOD any overpayment become normal creditors even if paid in advance so don't get priority over the funeral or the CC.
What is AIUI? interesting on pension and dla, i suppose we will just have to see how it all washes out. If we have to pay the credit card then we have to pay it, hopefully they will let me pay it a small amount at a time as i dont have that kind of money and it really isnt fair that mum has to use even more of her savings.

dzug1

sydneybean wrote: »

Probably worth an estimate for the personal assets anything substantial
He didnt have anything really, the only furniture we have to sell is an oven and a freezer (which i bought him, does that count)

What is AIUI?

It does count for what it's worth - very little


AIUI = as I understand it