Invoice for rent after probate completed

CM66

Hello -


Just wanted to pick your brains.... my Mum (along with her brother and sister) were executors of my grandads estate and probate was completed a few months ago.

They have now received an invoice from housing 21 saying that his last months rent is due (it looks like the DD bounced as the account was frozen as soon as the bank were told he had passed)

Whilst they are not denying it’s owed, the annoyance is that my uncle went to Housing 21 (who run the property) and ask for a full and final bill for any money outstanding and duly paid what was requested.

Now this has come to light they are a bit reluctant to pay it. Are they legally obliged to do so as probate has already been granted?

I’m assuming the answer is yes, but wanted to make sure!

Many thanks in advance

kazwookie

Can your uncle prove that he paid 'full and final bill'?

Yorkshireman99

CM66 wrote: »

Hello -


Just wanted to pick your brains.... my Mum (along with her brother and sister) were executors of my grandads estate and probate was completed a few months ago.

They have now received an invoice from housing 21 saying that his last months rent is due (it looks like the DD bounced as the account was frozen as soon as the bank were told he had passed)

Whilst they are not denying it!!!8217;s owed, the annoyance is that my uncle went to Housing 21 (who run the property) and ask for a full and final bill for any money outstanding and duly paid what was requested.

Now this has come to light they are a bit reluctant to pay it. Are they legally obliged to do so as probate has already been granted?

I!!!8217;m assuming the answer is yes, but wanted to make sure!

Many thanks in advance

If the bill is due then the executors are leglly obliged to pay and recover it from the residuary beneficiary. Did they publcih the stautory notices?

SevenOfNine

Presumably this estate isn't insolvent, so the answer is yes.

Probate doesn't negate the obligation to ensure all outstanding bills are paid (just as the executors would expect any incoming payments/refunds etc to be processed into the estate coffers).

The only annoyance is that Housing 21 either failed to tell Uncle, or did not make it crystal clear, that there was further rent due. Though if Uncle was misled in writing about his payment being a full & final invoice that's a different matter IMO.

If this was just 'they said' there was no more to pay Uncle could try to argue the toss about paying it, though you all seem to be aware that this additional invoice is actually in order, so it depends on whether anyone really wants to get into it with Housing 21, & the executors of this estate need to be crystal clear on their financial obligations before doing that.

Marcon

Probate simply means they are in a position to distribute the estate. It doesn't alter the requirement to pay all debts where the estate is solvent. Statutory notices are a bit of a red herring in this situation, so if you haven't published them, don't lose any sleep!

Yorkshireman99

Marcon wrote: »

Probate simply means they are in a position to distribute the estate. It doesn't alter the requirement to pay all debts where the estate is solvent. Statutory notices are a bit of a red herring in this situation, so if you haven't published them, don't lose any sleep!

Statutory notices are NOT a red herring. They do protect the executors although not the beneficiaries. Not publishing them unless you are absolutely sure is folly.

Savvy_Sue

It's definitely worth going back to Housing 21 to check they have not made a mistake ...

AnotherJoe

Yorkshireman99 wrote: »

Statutory notices are NOT a read herring. They do protect the executors although not the beneficiaries. Not publishing them unless you are absolutely sure is folly.

Marcon said "a red herring in this situation"

Which indeed, it is, because the executors are the beneficiaries, so publishing would have achieved nothing except cost and delay.

Yorkshireman99

AnotherJoe wrote: »

Marcon said "a red herring in this situation"

Which indeed, it is, because the executors are the beneficiaries, so publishing would have achieved nothing except cost and delay.

Read what I actually said. Remember replies get read by others than the OP. The more generl point I was trying to make was that unless the executor is really sure there are not potenntial hidden debts the notices should be published. Of course in may cases there is no need particularly if the executor is a residual benficiary. Sorry if I did not make this clear.

getmore4less

For something like this where the deceased was in rented accommodation, the statutory notice would not protect the executor from failing to establish the status of the rent retaining the proof they had done the necessary enquiries.

Whilst they are not denying it!!!8217;s owed, the annoyance is that my uncle went to Housing 21 (who run the property) and ask for a full and final bill for any money outstanding and duly paid what was requested.

If they have a final bill then there should be nothing else to pay it is the housing 21 problem if they got that final bill wrong.

That bill should include the relevant dates the money covers

AnotherJoe

Yorkshireman99 wrote: »

Read what I actually said. Remember replies get read by others than the OP. The more generl point I was trying to make was that unless the executor is really sure there are not potential hidden debts the notices should be published. Of course in may cases there is no need particularly if the executor is a residual benficiary. Sorry if I did not make this clear.

YM, I did read what you said (well, wrote ) and your answer did not read as generic, but as a reply to the OP (at least to my eyes).

As you say here, where the executors are the beneficiaries (a very common situation and one that applies to the OP) there is not only no need, its a waste of time and money.