Executor advice

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
36 replies 3.4K views
24

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  • edit (can't edit after 30 secononds?)

    Edit: So HMRC is not considered a priority debt? The one thing that has been left in abundance is paperwork, which will and is taking me forever to go through, so I'm aware of several debts and I believe one is for a previous tax return and obviously was concerned that I would be responsible for the current one being done, is this not the case?
  • DCFC79DCFC79 Forumite
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    lucyscarp wrote: »
    edit (can't edit after 30 secononds?)

    Edit: So HMRC is not considered a priority debt? The one thing that has been left in abundance is paperwork, which will and is taking me forever to go through, so I'm aware of several debts and I believe one is for a previous tax return and obviously was concerned that I would be responsible for the current one being done, is this not the case?

    Yes post 7 says to not complete the tax return and post it, just inform the tax office of his death.
  • Margot123Margot123 Forumite
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    lucyscarp wrote: »
    DWP have been informed, he did have benefits, I have already completed the tell us once form online.

    Intermeddling is new terminology, i'll look into it if need be.

    Just want to be sure I do everything by the book as far as possible.

    Yes, indeed do everything 'by the book, but remember that you must safeguard yourself as well.

    This is a very difficult time for you, and the desire to 'do the right thing' can have consequences for you personally if you aren't careful. Sorry if that sounds over-the-top but that's how it goes.
  • No it's much appreciated. I had a quick look and my only concern is that of potentially selling assets to cover costs. This can apparently be construed as inter-meddling, pending the exact circumstances.

    So, in order to safeguard myself, how would I go about doing it correctly/in the right order? I'm not aiming to merely start selling of bits and pieces left right and centre. My thought process was that once I had clearly ascertained an inventory along with values (can I value assess items myself?) then gained a complete list of all debts and costs (funeral), then I could safely say what would have to be sold initially to cover costs before any beneficiary could make a claim.

    To clarify slightly, we're talking electrical items and furniture with most likely not a single individual item over £300
  • Sea_ShellSea_Shell Forumite
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    I'd be interested in the answer too, as to how you are supposed go about dealing with personal possessions of an insolvent estate, if they are not "valuable" as such.
    "It's time to start digging up those Squirrelled Nuts"!!!

    * I shall only get involved in new threads, once a dialogue has been established with the OP *
  • edited 29 January 2018 at 8:10AM
    Yorkshireman99Yorkshireman99 Forumite
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    edited 29 January 2018 at 8:10AM
    lucyscarp wrote: »
    DWP have been informed, he did have benefits, I have already completed the tell us once form online.

    Intermeddling is new terminology, i'll look into it if need be.

    Just want to be sure I do everything by the book as far as possible.
    It crucial that you understand intermeddling. If you are not very careful you could end up being personally liable for debts. I would strongly recommend you do nothing further except telling any creditors the estate is insolvent and you will not be administering it.
  • Yorkshireman99Yorkshireman99 Forumite
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    lucyscarp wrote: »
    No it's much appreciated. I had a quick look and my only concern is that of potentially selling assets to cover costs. This can apparently be construed as inter-meddling, pending the exact circumstances.

    So, in order to safeguard myself, how would I go about doing it correctly/in the right order? I'm not aiming to merely start selling of bits and pieces left right and centre. My thought process was that once I had clearly ascertained an inventory along with values (can I value assess items myself?) then gained a complete list of all debts and costs (funeral), then I could safely say what would have to be sold initially to cover costs before any beneficiary could make a claim.

    To clarify slightly, we're talking electrical items and furniture with most likely not a single individual item over £300
    See post #17.
  • Margot123Margot123 Forumite
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    lucyscarp wrote: »
    No it's much appreciated. I had a quick look and my only concern is that of potentially selling assets to cover costs. This can apparently be construed as inter-meddling, pending the exact circumstances.

    So, in order to safeguard myself, how would I go about doing it correctly/in the right order? I'm not aiming to merely start selling of bits and pieces left right and centre. My thought process was that once I had clearly ascertained an inventory along with values (can I value assess items myself?) then gained a complete list of all debts and costs (funeral), then I could safely say what would have to be sold initially to cover costs before any beneficiary could make a claim.

    To clarify slightly, we're talking electrical items and furniture with most likely not a single individual item over £300

    You safeguard yourself by doing absolutely no more than you have done already.

    You must appreciate the seriousness of intermeddling. It has been expalined to you very well on here.

    You should walk away and don't even ponder what to do with tangible items, monies, or anything else for that matter.

    As Yorkshireman says, you WILL be held personally liable.
    This isn't just speculation on our parts, we know this has happened far too many times to well-meaning bereaved people.
  • JenniefourJenniefour Forumite
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    lucyscarp wrote: »
    No it's much appreciated. I had a quick look and my only concern is that of potentially selling assets to cover costs. This can apparently be construed as inter-meddling, pending the exact circumstances.

    I assume you're referring here to being able to recoup the funeral costs. Sadly, it's probably too late for that. You didn't know at the time, but you could have applied for a free simple local authority funeral. Unlikely you will be able to recoup funeral costs because the person who signs for it is legally liable -
    and possibly far too risky, in terms of then being made liable for other debts, to try to do so.


    So, in order to safeguard myself, how would I go about doing it correctly/in the right order? I'm not aiming to merely start selling of bits and pieces left right and centre. My thought process was that once I had clearly ascertained an inventory along with values (can I value assess items myself?) then gained a complete list of all debts and costs (funeral), then I could safely say what would have to be sold initially to cover costs before any beneficiary could make a claim.

    No - you must not do any of the above. The way to safeguard yourself is to do nothing - ideally, you should not have made any arrangements with the landlord or removed anything at all from the property. Do not make an inventory, and do not make a list of all the debts, creditors etc. The only correct thing to do as executor when the estate is insolvent is absolutely nothing at all, just let major creditors know, in writing, that the estate is insolvent and that you will not be administering it. All the actions you describe above are administering, and therefore, in this situation, most likely intermeddling.

    To clarify slightly, we're talking electrical items and furniture with most likely not a single individual item over £300

    I am not sure why you are so concerned about the beneficiary, since there appears to be nothing in the estate anyway. Simply inform them that the estate is insolvent and you are not administering it. Repeat, as necessary. They cannot claim something out of nothing.

    In your shoes, I would be taking prompt paid for legal advice on exactly what not to do etc. and asking what to do about the items/belongings which were removed from the property, and shouldn't have been.

    This is the one situation, insolvent estate, where an executor absolutely must not do anything "by the book" i.e. they must not carry our their responsibilities as though the estate were solvent. Or, they must stop as soon as they realise the estate is insolvent.
  • Margot123Margot123 Forumite
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    Just another cautionary note: it is wise not to give your personal address to any of the creditors. Have them send any 'paperwork' to the deceased's address even if the property is empty.

    Once they have your details they will not let you go; I found this out the hard way when 'helping out' when a neighbour passed away, and I wasn't even named as an executor.
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