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Debt responsibility when single person dies

2

Comments

  • The council may try it on for rent unless there was some agreement.

    You did not even have to cleanup the flat, get in get all the stuff that needs save keeping, job done.

    As you are working you can't claim the benefit but you don't have to organise or pay, having said than you may want to.

    Personally in this situation I would want to do it, but If that is going to cause you financial hardship then let the LA take care of it.

    If you have already instructed a funeral director to handle the funeral then I think that you will no longer have that choice.
  • Thanks to everyone for your contributions and condolences.

    We have made arrangements for the funeral and have agreed to split it between us. It's the last thing we can do for him now. It was just the debts that concerned us as we don't know exactly what he has and what our liability would be. We were all set to start ringing around and paying the bills and it was my Mother in law who suggested not to. I just wanted to know where we stood legally.
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Your mother-in-law is absolutely right.

    If there had been any money in his bank account or wherever, that would have had to have been used to pay any debts and you (or his heirs) could only inherit whatever was left. However, if he has no money then no-one else is liable.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your mother-in-law is absolutely right.

    If there had been any money in his bank account or wherever, that would have had to have been used to pay any debts and you (or his heirs) could only inherit whatever was left. However, if he has no money then no-one else is liable.

    The first debt would be the funeral costs which you could reclaim. Most banks will pay out from the deceased's account direct to the FD.
  • There was no money, no insurance and Infact he may even be overdrawn. With regard to his bank account and benefits, should we sort that out? Close bank account, ring the benefits office and cancel payments. Bills, ring and cancel gas, electric, phone? When we hand the flat back will the council ask about these things? The flat was immaculate, he spent last week decorating, the rollers were still on the side. Bless him.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mscroft wrote: »
    There was no money, no insurance and Infact he may even be overdrawn. With regard to his bank account and benefits, should we sort that out? Close bank account, ring the benefits office and cancel payments. Bills, ring and cancel gas, electric, phone? When we hand the flat back will the council ask about these things? The flat was immaculate, he spent last week decorating, the rollers were still on the side. Bless him.

    If you do that, you will have 'intermeddled' with the estate and have taken on the responsibility to sort it out.

    It's very hard but the advice is to just walk away. The council will have to sort out the flat.

    If you want to inform companies that he has died, you can write to them and tell them of his death and that his estate is in debt. It's best not to give your name or contact details on these letters or some of the companies will try to chase you to repay the debts.
  • mscroft
    mscroft Posts: 63 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    I don't know how I feel about doing nothing and walking away, it doesn't feel right to inform no one. However I like your idea about doing things in writing with no forwarding address. I might, in that case, contact everyone by letter informing them of the death and enclose a copy of the death certificate. Perhaps even do that with the keys of the flat to the council. That way I feel we have tied everything up and left no loose ends.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mscroft wrote: »
    I don't know how I feel about doing nothing and walking away, it doesn't feel right to inform no one.

    It's quite normal to feel some responsibility - it shows you're a nice person!
  • nwc389
    nwc389 Posts: 497 Forumite
    Part of the Furniture
    mscroft wrote: »
    I don't know how I feel about doing nothing and walking away, it doesn't feel right to inform no one. However I like your idea about doing things in writing with no forwarding address. I might, in that case, contact everyone by letter informing them of the death and enclose a copy of the death certificate. Perhaps even do that with the keys of the flat to the council. That way I feel we have tied everything up and left no loose ends.

    I think you have your solution there , a letter enclosing a death certificate with no contact details .
  • GaleSF63
    GaleSF63 Posts: 1,542 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    nwc389 wrote: »
    I think you have your solution there , a letter enclosing a death certificate with no contact details .

    Unless things have changed, doesn't the death certificate show who registered the death, their relationship to the deceased and their address?
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