Debts - what happens to them?

Alter_ego

Yorkshireman99 wrote: »

You have no liability whatsoever for the debts. The council have no right to ask for the documentation. If they contact you again the refer them to the case of Arkell v Pressdram.

OP Post 18 (different poster to original) say £1000 went to his account, that should have gone to creditors

konark

OP said most of the £1000 went on wake and flowers, which are classed as funeral and testamentary expenses and rank higher than debts to council.

If there was a bailiff at the door then the council has taken the matter to court, I'm surprised it has gone so far without you telling the council there was next-to-no money.

The council may want the estate accounts to determine how much of the £1000 wasn't spent on funeral expenses. They will then bill you for that.

Did the funeral cost exactly the insurance amount?

Yorkshireman99

Alter_ego wrote: »

OP Post 18 (different poster to original) say £1000 went to his account, that should have gone to creditors

What point are you making? Nobody but the deceased is responsible for their debts.

Alter_ego

Yorkshireman99 wrote: »

What point are you making? Nobody but the deceased is responsible for their debts.

A simple point really. The deceased's estate is responsible for the debts. £1000 was apparently part of that.

Linton

Jennymac57 wrote: »

Hi my father passed away nearly a year ago, he owes the council £3500 for his care at home I had been in touch with them to say my dad only had £1000 in his bank account which was then transferred to mine his funeral was paid for with his life insurance i used a lot of the £1000 for flowers wake etc,
About 2 months ago I got a letter from a debt collection........
Please can anyone give me advice on this
Many thanks
Jenny

Perhaps one detail needs to be checked....You say the debt was to pay for care at home. Who owned the house? Was it your father?

Yorkshireman99

Alter_ego wrote: »

A simple point really. The deceased's estate is responsible for the debts. £1000 was apparently part of that.

Sorry. I meant the deceased’s estate. I was trying to make the point that nobody else is liable and the LA is wrong to demand bank statements of th deceased. If they really want let them apply to the court.

Linton

Yorkshireman99 wrote: »

Sorry. I meant the deceased’s estate. I was trying to make the point that nobody else is liable and the LA is wrong to demand bank statements of th deceased. If they really want let them apply to the court.

We need to differentiate between Jennymac57 being the daughter of her father and her being the executor of her father's estate, if that is what she is. In the former case she is certainly not liable, is not compelled to provide information to the council and the council are wrong to put pressure on her. If Jennymac57 is the executor, or if the council wrongly believes her to be the executor, in my view being non-cooperative with a significant creditor may not be the best policy.