Debts of deceased

treecol

Can you give some advice on an outstanding invoice which has just come to light for my late father?
He died at the beginning of September & the only asset in his estate was left to my husband & I, which was his house. We lived there with him for a number of years so it's been our only home - we don't have another.
An invoice has been issued by a care home which he had a spell of respite in - back in May. The invoice is in his name. We don't have any income as hubby is currently unable to work due to a back injury. So what happens about the invoice as the house is now in our name as probate has been granted & land registry is in our name.

Marktheshark

Who signed the contract with the care home

treecol

I did as dad had Alzheimer's but as far as I was aware I was just signing to admit him - I would not have knowingly signed to pay for him as we had no income at the time as we cared full time for him. His respite was part funded by SS then topped up with a contribution from his state pension. But that was when he was alive & money coming in. This has arrived 6 months later.

G6JNS

Was probate obtained for his estate? Was the statutory notice published in connection with the estate?

treecol

Yes probate has been granted, I don't know what a statutory notice is. I didn't know about the debt by the way when I dealt with the estate. I thought all debts had been paid as this is an old account from ages ago.
Just looked up the notice part & no it wasn't posted. Hubby & I are executors & only beneficiaries, by the way.

g6jns_2

treecol wrote: »

Yes probate has been granted, I don't know what a statutory notice is. I didn't know about the debt by the way when I dealt with the estate. I thought all debts had been paid as this is an old account from ages ago.
Just looked up the notice part & no it wasn't posted. Hubby & I are executors & only beneficiaries, by the way.

The statutory notice protect the executors against debtsvnot declared within a certain time. However as you were beneficiaries it makes no difference. What needs to be decided is who, if anyone is liable. Unless the Council is liable then it seems that you will have to pay either directly or because you were beneficiaries. If so you should make an offer to pay so much per week or month. If matters went to court you would be given time to pay.

TBagpuss

G6jns is right. The debt ought probably to have been paid out of the estate aassuming it was your dad's debt, and if not, you would be liable if you signed a contract with the home, but as you re beneficiaries it comes to the same thing either way.

As it sounds as though you can't pay it without selling the house, the best thing to do is to make an offer to pay by installments.