Executor advice

Yorkshireman99

Margot123 wrote: »

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.

The problem with this is that if you don't give your correct address a creditor might issue proceedings against you and then it would be even more difficult to undo.

Margot123

Yorkshireman99 wrote: »

The problem with this is that if you don't give your correct address a creditor might issue proceedings against you and then it would be even more difficult to undo.

However by providing your personal contact details, you are in fact intermeddling.
I have previously posted my experiences of this; if I had refused to give my address details, then I wouldn't now be arguing over someone elses debts with ignorant call centre jockies who know nothing of the case.

Yorkshireman99

Margot123 wrote: »

However by providing your personal contact details, you are in fact intermeddling.
I have previously posted my experiences of this; if I had refused to give my address details, then I wouldn't now be arguing over someone elses debts with ignorant call centre jockies who know nothing of the case.

Simply giving your address is emphaticly NOT intermeddling in any way. I fully understand your point.

lucyscarp

Appreciate every ones input here. Just when I thought things couldn't get any worse..

To clarify, items were removed asap due to the nature surrounding death. Without going into detail anything left within the property would have sustained further damage (flooding).

It was my initial understanding as the executor I had the power and right to move assets as I saw fit and obviously my immediate reaction was safeguarding any assets, prior to evaluation albeit mostly paperwork and artifacts of pure sentimental value.

With pursuing legal help, which I have already made initial inquiries what is the likelihood that anyone will actually help here, as far as solicitors concern. What I mean is, I'm going to have to declare the estate is likely insolvent and I don't have the fund myself or from anyone else to pay for solicitor fees, which is why I'm trying to undertake the vast majority myself.

It seems every potential path is deadly and as hard as I'm trying to stay true and proper it just seems to get more and more ridiculous.

Going to read back through and re-address any specific feedback, again thank you everyone

lucyscarp

Ok, inter-meddling is obviously a huge thing here and I'm going to look into the exacts of it more, although if it's like anything will likely lead to another millino and one questions.

So the premise is, do nothing more, notify people of his death and state I will not be administering his estate. So, too clarify before I go research myself;

1) By doing this am I giving up my role of executor? and if not what am giving up versus what I am still eligible and within my rights to do?

Specifically, if I do the above, what do I do with his personal possessions? Whether they have any value or not? What do I state to beneficiaries? If I'm not administering his estate does that mean I'm no longer distributing anything of his at all?

From a personal perspective, there are possessions of his that myself and family would categorically want to keep, pictures, video tapes of our childhood etc.. how does this fold into the mix?

The further complication comes with the main beneficiary which I think someone asked about and i'll quote directly after this with more detail.

lucyscarp

Jenniefour wrote: »

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.

Ok, again I apologize for not being so forthcoming from the offset, this isn't easy under normal circumstances and with the realization of the increased difficulties I'm already in and added to that what I'm about to add below, is... no words.

To redress, I'm reaching out here because I'm lost and I know there are a great many awesome people here with far superior knowledge and understanding of such things and I always find it a great starting point or a push in the right direction, again, thank you to everyone and I am taking absolutely everything onboard.

I udnerstand currently my main course of action is, do nothing else above informing people of the death and non-administration of estate. My current understanding of this is far too little, I will look into it as stated, specifially as my prior queries on where exactly it leaves me and what can and can't be done from there. The other main thing is legal help, the caveat being finance. Alot too take in but will work with it.

Finally, clarity to a degree whilst trying to maintain privacy, I know catch 22. If anyone of this helps in regards of where and how to approach anything else, please feel free to say so or message me.

- Dad passed away unexpectedly
- Interim death certificate has been issued
- actual cause of death still under investigation although not treated as suspicious (it's been nearly 2 months) Been constantly in contact with coroner, still pending.
- I am next of kin and join executor in the estate with another family relative who is unable to act, due to distance but kept in loop and totally onboard with my actions
- I have 3 younger siblings, who were named as beneficiaries of "single" items valued less than £200-300. My siblings are totally onboard, there is zero anomisity or potential trouble arising from any family members. We all were close with our dad and all aware of his circumstances in life and death, both medically and monetary.
- My dad was a medical mystery and I mean this in all honesty, he suffered for a long period of his life with undiagnosed illnesses yet his passing was still totally unexpected, even from his personal medical professionals overseeing him.
- The possibility of medical negligence has been brought up, albeit as a far thought, obviously nothing can be done at this point and I'd be surprised if anything had to be done, but it's a thought nonetheless
- Besides 2 specific individual items left in his will to 2 of my siblings, EVERYTHING else has been left to an now ex-partner, they were together (unmarried) for perhaps 7-10 years had a great partnership for the most part until about march/april 2017 when things went completely downhill. The relationship ended on very hostile and tricky terms. He was forced out of the partners home, he had previously pursed legal action to recover his effects and costs put into said home over the period of there relationship. In the end, 2-3 months ago, dad dropped his case and they came back to friendly terms again.

The previous legal battle was simply dropped out the blue on his request seemingly, although I can not cover anything official to this I have all the legal correspondence pertaining to it however and myself and family were fully aware of the situation.

So there is a background query surrounding the legality of his perusal of costs. From what I've seen, it would have come to a dead end but again, it's another thought at the back of everyones mind, along with potential join accounts, insurance etc..

Dad's estate is 99.9% insolvent, unless there was any legal claim to the above, which carries a further complication in regards to his pension.

All said and done, we are (were?) on friendly terms with ex-partner, they didn't have much involvement in the beginning, funeral etc.. then I received what I would consider a not so nice and long email the day before the funeral dictating how I should have done X and X. I wrote a lengthy reply, too aggressive, never sent it, I merely saved it and kept the reply short and simply acknowledge what was said and stated would be dealt with after funeral.

No further correspondence regarding said matters has come forth.

I know the immediate and simple response is, get legal help now. This has already started. Costs again is a concern, I don't have money let alone time to throw away so I have to try and take all possibilities into consideration, all this and managing my home life and my own family. Honestly at this point I kind of feel lost and at the same time, so !!!!ed off with the whole process.

I know as well as everyone saying, just go with legal action and why am I still here asking. I just want to ensure I'm doing the right thing for me. If I hadn't have asked I would not have even come across inter-meddling and thats why this place is always so helpful and a godsend at times.

Sorry for being long winded

Jenniefour

lucyscarp wrote: »

Appreciate every ones input here. Just when I thought things couldn't get any worse..

To clarify, items were removed asap due to the nature surrounding death. Without going into detail anything left within the property would have sustained further damage (flooding).

Fine - and in that case I would make notes concerning that and keep anything that evidences the contents were at risk from floods.

It was my initial understanding as the executor I had the power and right to move assets as I saw fit and obviously my immediate reaction was safeguarding any assets, prior to evaluation albeit mostly paperwork and artifacts of pure sentimental value.

Yes, you are correct - providing the estate is solvent. That's the rub - pretty awful situation. This is where playing it "by the book" as per the usual duties of the executor is not appropriate in any way, shape or form. Having said that, it can be jolly difficult ascertaining that the estate is actually insolvent and the reality is that a lot of people will have already taken some action that might be deemed intermeddling before they realise there is no money and a lot of debt.


With pursuing legal help, which I have already made initial inquiries what is the likelihood that anyone will actually help here, as far as solicitors concern. No one will help - the estate is insolvent so no-one will get paid for their services. The best you can get is some legal advice for yourself, which you will need to pay for.

What I mean is, I'm going to have to declare the estate is likely insolvent and I don't have the fund myself or from anyone else to pay for solicitor fees, which is why I'm trying to undertake the vast majority myself.

Then simply write to all the major creditors - HMRC, council tax, landlord etc. and let them know the estate is insolvent and you are not going to administer it. That is all the declaration you need. They don't need to be informed by a solicitor. Don't allow yourself to be bullied by them.

It seems every potential path is deadly and as hard as I'm trying to stay true and proper it just seems to get more and more ridiculous.

Going to read back through and re-address any specific feedback, again thank you everyone

I think you're in a difficult position and hope all the creditors are going to back off/leave you alone once you're written. Some thought needs to be given to the possessions/belongings especially since they've been moved, for good reason. Any/all of the creditors can, presumably, lay legal claim to them. Do not dispose of anything in case the creditors want to try and recoup some losses. Which they're entitled to do. I might even be asking all the creditors to arrange between themselves who collects the above belongings - to make sure that someone else, and not you, is responsible for them so there can be no come back at all on you in future.

Jenniefour

Lucy, we've cross posted.

Just write to all creditors, as suggested. Tell them estate is insolvent and you are not going to administer it. As long as you stick to this and don't allow yourself to be pushed about there's not a thing anyone can do about it. Facts are facts. No money. No need to explain further either.

Try and get them to collect the belongings so they don't remain your responsibility.

Yes, in effect you are giving up your role as executor - the right thing to do in these particular circumstances.

And don't take on any more costs as you won't be able to recoup them, you've lost enough already in several ways, including financial.

Hope you feel confident to tackle all this yourself - if not, get back on here. We're all willing to help out if we can in difficult circumstances like these.

Jenniefour

Lucy - pension. Was your father still working? Are you referring to a company pension? If so, and your father was still working and he hadn't claimed his pension yet then he will have nominated someone to receive it in the event of his death. This does not form part of the estate - the pension company simply pay out the money to the nominated person. Call your father's company and find out about this - they will need copy of death certificate.

lucyscarp

No, unemployed for a long while due to his illnesses. He was always self-employed prior to this. It is something I am following up however. At an initial glance, it would seem a dead end with nothing there. However, as mentioned prior this is where one of the biggest complications stems from which I can not go into here.