Really need some advice please

NorthernLas

I would suggest that you phone National Debtline with specific queries. If they cannot answer your questions then ask them for advice as to who can.

1. Your Mum's estate is small and may even be non existent. You need to confirm if the policies she held are part of the estate.

2. There are creditors of social services and credit cards. As a death certificate and telling them that there is no money has not worked. You need advice as to how you formally prove to them that there is no money in the estate.

3. If there is a small amount of money left, you need advice as to whether there is a priority order to who you pay.

vultura

NorthernLas wrote: »

I would suggest that you phone National Debtline with specific queries. If they cannot answer your questions then ask them for advice as to who can.

1. Your Mum's estate is small and may even be non existent. You need to confirm if the policies she held are part of the estate.

2. There are creditors of social services and credit cards. As a death certificate and telling them that there is no money has not worked. You need advice as to how you formally prove to them that there is no money in the estate.

3. If there is a small amount of money left, you need advice as to whether there is a priority order to who you pay.

Have managed to contact National Debtline.

1. They feel the policies may form part of the estate. They also feel that it could be argued that at least half of the joint savings account is also part of the estate.

2. They advise to contact all DCAs, etc by registered post asking them to considered writing off the debt and clearly stating that the debt is not to be passed on. If they pass it on they I will complain to Financial Ombudsman and Trading Standards. Any proof needed differs from company to company.

3. As for the priority, any funeral debts/payments first, then unsecured debts.

They have advised me to consider involving a Solicitor to handle probate, as the case is complicated.

RAS

Hi

The basic facts are

Debts

1. There is a debt owing re the nursing home fees (£8k ish).
2. There are credit card debts (£27k ish).

Estate
3 life policies - what sort of value after the funeral and headstone are paid for?
possibly part of the joint saving but I suggest that you play hard ball on that.

Will the policies cover the nursing home debt?
Would there be anything left aFTER THAT?

tallyhoh

Ummm, had this problem when my uncle passed away. They cant have money unless your mom left any. I kept getting letters for money as I was named as informant. Fortunately I'm pretty thick skinned & happily told them to s*d off.

I also did the same when FIL was taken into care & the AA chased him for loan they had given him when he was 82 & on a pension, they deserved to lose that money.

£4000 is hardly a great deal of money & I would be wary of employing a solicitor as their fees are horrendous.

Good Luck.

NorthernLas

Sorry they were not more helpful.

I think National Debtline are being ultra cautious about the joint account. However the link http://www.direct.gov.uk/en/Governme...on/DG_10029468 specifically states that money from joint accounts is NOT part of the estate.

If the estate is less than £5k, it does not need to go through probate. The monies can just be distributed.

Maybe the next step is to ask for help from the life policy companies. It should be in the terms and conditions and could be written either way (in or out of the estate). If it is out of the estate, your Mum should have nominated a person that the money would be paid out to.

I don't think the estate is complicated since there are only the policies and the debts. You may decide to take up a free 30min spot to confirm that you don't need to go through probate and how the money is distributed if there is any.

Marisco

Hi Vulrura, sorry for your loss and all the hassle your getting:( To be honest with you I wouldn't worry about the debts, as they were your mams and there is no money, I'd do what tallyhoe said and tell them to sling their hook!! I really don't know how you stand with the nursing home debt though, but your dad shouldn't be made to pay. Good luck.

vultura

RAS wrote: »

Hi

The basic facts are

Debts

1. There is a debt owing re the nursing home fees (£8k ish).
2. There are credit card debts (£27k ish).

Estate
3 life policies - what sort of value after the funeral and headstone are paid for?
possibly part of the joint saving but I suggest that you play hard ball on that.

Will the policies cover the nursing home debt?
Would there be anything left aFTER THAT?

The policies roughly amount to £8.5k, the fees, etc so far a little over £3k. No memorial/headstone in place yet, but I guess that won't be cheap.

vultura

NorthernLas wrote: »

Sorry they were not more helpful.

I think National Debtline are being ultra cautious about the joint account. However the link http://www.direct.gov.uk/en/Governme...on/DG_10029468 specifically states that money from joint accounts is NOT part of the estate.

If the estate is less than £5k, it does not need to go through probate. The monies can just be distributed.

Maybe the next step is to ask for help from the life policy companies. It should be in the terms and conditions and could be written either way (in or out of the estate). If it is out of the estate, your Mum should have nominated a person that the money would be paid out to.

I don't think the estate is complicated since there are only the policies and the debts. You may decide to take up a free 30min spot to confirm that you don't need to go through probate and how the money is distributed if there is any.

Hmm, you'd think the government would know.

The policies have already paid out in full, all cheques made out in my fathers name.

Free solicitor consultation sounds good.