Outstanding utility bills after death

daggy

Afternoon folks,

I'll try and keep this as short as possible.. I was living at home with my mum (rented HA property), the ex and I had been saving for a mortgage, but split up late last year, so I'd been living with my mum whilst I got myself sorted.

I (we - until last year) also cared for my Mum.

I work full time, so don't receive any benefits.

My mum passed away on 26th Feb.

The housing association have said I can take over the tenancy (they were aware I was living here previously, but I was no down as co-tenant).

Going through my Mum's letters I've found that she has utility bills in arrears and I don't know whether I'm responsible if I'm moving into the property?

I'm obviously happy to take up the payments going forward, but I've realised that she was still on a payment plan to clear several thousand pounds of debts that a accrued due to npower recording meter readings incorrectly several years ago..

She has no savings or life insurance, so there's no estate to pay things out of so to speak.

I've rang national debt helpline, but I've been holding for 30 minutes and had no answer.. I'd appreciate any help you could give.

CashStrapped

Firstly, sorry for your loss. Dealing with the affairs of a loved one can be very stressful. I have done it myself.

Citizens advice may be a good place to call if you are feeling overwhelmed.

When someone dies, an individual is usually appointed as executor. This can be anyone but is often a member of the family.

It is their responsibility to collate all their finances and find out what their debts are and what their credit position is. If she had debts with the energy company, did she have debts elsewhere? Loans? Savings accounts?

You need to inform each company of the situation and then letters will be sent out in the name of "the estate of xxxx". The executor is in no way liable to pay the debts. But, it is their job to prove there is no funds available to pay existing debts (if that is the case). This can be stressful, but can be a quick process if the estate is simple. It needs to be done properly to avoid future issues.

P.S - as per below, if you are super sure there are no funds, be super wary of giving your personal details to anybody she owed money to.

Citizens advice is probably the best place to call at this point.

trickytree1963

From CAB website

The person who has died may have left debts, for example, an overdraft on their account or a credit agreement that has not been paid off. When someone dies you should always try to tell all their creditors.

In general, if there is not enough money in the estate of the person who has died to pay their debts their creditors cannot recover the amount still owed from anyone else, including that person's surviving relatives. You should check whether that person had any kind of insurance policy that would pay off any of their debts on their death, for example, a payment protection insurance policy taken out at the same time as a loan.

macman

Sorry for your loss. If both the tenancy and the energy bills were in your mum's sole name, then you were effectively a lodger, with no real right of occupation save that granted to you by your mum. On that basis, I cannot see that you have any liability for bills until you took over the tenancy. You should register for the accounts as the new occupier (same with water and CT)
The estate consists of possessions as well as savings/cash in the bank, so anything of value would need to be sold to pay off some of the debts. I presume your mum died intestate?

JJ_Egan

Take meter readings now and when you take over the tenancy .You need a clear line as to what you will be liable for in the future.

House_Martin

I have had the same thing happen when my Mum died in lots of debt, over £16k .
All debts die with her if there is no estate to recover it .ALL debts ..end of !
you are not responsible for any utility bills up to the date of the date of the death. My Mum was also in a Housing Association flat and they will have to take over any utility bills from the date of the death up to an official new occupier signs the tenancy agreement.
Even the funeral bill of nearly 3k can be paid for by the local council, but not by the DWP if there are working family in full employment. Not sure if the Citizens Advice are up to scratch about the truth about funeral costs.
Please do not allow anyone to take over the office of an executor because debtors will plague them

matelodave

As said above, makes sure you have read the meters and notified the utility and anyone else of the fact (banks, council tax, water rates, DWP, insurance companies etc etc). You can then set up your own accounts in your name.

You need to gather all the info you can about your Mum's finances, debts and assets (including any possessions that have any value) - you might find that the CAB can assist, or point you in the right direction if you need some help.

It's not particularly difficult but time consuming writing to everyone with a copy of the death certificate (put in an SAE if you want it returned).

Make sure you write, dont just phone, and as HM says, don't let anyone else do it as you'll still end up doing most of the work and they'll want paying for the privilege of writing the letters and it will take far longer to get it sorted out.

You are not liable for any debts incurred by your Mum, they all get paid out of her estate. If she has none, then the debts have to be cancelled.

brewerdave

Two things, firstly if you are sure that there is no money then DON'T get involved! You will find that creditors will chase you for ever if you give them your name/phone number.
And secondly, don't tell anyone (else) that you were living in the property prior to your mother's death - if the Utility suppliers find out then they will chase you for ALL the debts as "jointly and severally liable" even tho' you aren't on any tenancy agreement.:eek:

hilljd00

Unsecured and secured debts end with your late Mother.

Sorry for your loss.

daggy

Thanks everyone

Rang Npower bereavement team and they were OK about stuff, advised I'm not liable, but will receive contact from their probate partners and just to tell them there's no estate to pay the bills from and they will then take care of it.

opefully it'll be as straight forward as they say.