debt after death

RAS

What percentage di you offer the others?

gazpacho_uk

sorry .... RAS not Ross !

RAS

Lot better than some of the things I am called!

rog2

gazpacho_uk wrote: »

Thanx for that Ross ... I just read the article with interest as I did not advertise the death of my Mother in the London gazzette (which apparently I now know I should have) ........ It looks like I might be in the s*%t. I think all I can hope for is that the company accept my circumstances and void the debt ..... or take me to the cleaners

You really need to get CAB, or a Solicitor, working on your behalf, gaz. Creditors are much more likely to accept your situation from them, but will 'try it on' with an 'inexperienced individual.
Good Luck.

Chloepad1

Hi
Although I am not 100% certain and feel you should always check this with a solicitor. I think that if after the sale of all of your late mother's assets and disposition of her estate, if there are debts remaining then they should all be written off. I would certainly suggest that you contact each creditor and explain the circumstances, enclosing a copy of the death certificate and see whether they are willing to agree that these debts are not your responsibility.

RAS

Chloepad1 wrote: »

Hi
Although I am not 100% certain and feel you should always check this with a solicitor. I think that if after the sale of all of your late mother's assets and disposition of her estate, if there are debts remaining then they should all be written off. I would certainly suggest that you contact each creditor and explain the circumstances, enclosing a copy of the death certificate and see whether they are willing to agree that these debts are not your responsibility.

Chloe

Have you been an administrator of an estate? They have legal duties to all creditors as well as to any inheritors and sign to accept these when the will is proved. Nothing to do with their personal relationship with the deceased or their personal responsibility for the debts. To do with their legal position. Which is why Gaz needs proper legal advice and why a lawyer's letter might help him.

Nothing however to stop him getting the notice in the Gazette in the meantime and preventing any further creditors crawling out of the woodwork later.

Alfie_E

RAS wrote: »

Nothing however to stop him getting the notice in the Gazette in the meantime and preventing any further creditors crawling out of the woodwork later.

Yes, gazpacho, you should do that. My advice would be to try to stall United Utilities for the notice period of an advert in the London Gazette. I wouldn’t want to pay out any money if there could be other outstanding debts. You should normally be allowed up to twelve months to deal with things like debts, so I don’t see United Utilities going to court immediately. Send them a death certificate and a letter telling them you’ve noted their claim and will respond to them “shortly.” Don’t, however, acknowledge that the money is owed.

Asking for help from Citizens Advice is a good idea. There could be a downside to involving a solicitor. Now that all the estate’s money has gone, you’ll also have to pay any solicitor’s fees out of your own pocket. This could just increase the amount of your own money you eventually have to pay out.

You should also do the usual things that are recommend here on the Debt-Free Wannabe forum. You need to establish that the debt is genuine and enforceable, and that the amount is correct. Your mother can only have incurred debt up to the date she died. If this is a utility bill, there could also be a liability from the date of death until the house was disposed of, which would be an administration expense. You need to make sure you’re not paying for anything used by the new owner of the house.

gazpacho_uk

thanx everyone so far for your help and advice. It looks like I have quite a headache ahead of me ..... just when I thought it was all over !

rog2

gazpacho_uk wrote: »

It looks like I have quite a headache ahead of me ..... just when I thought it was all over !

Yes, gaz - but you WILL get over it, with a bit of professional help. Good luck.