Deceased owes Money

Yorkshireman99

AnotherJoe wrote: »

So no examples then? I'm starting to think this is overblown. Or just take out insurance. How otherwise can they, for example get into the house to remove personal effects, maybe of trivial cash value but highly sentimental value or to investigate to see if indeed the deceased has £100k under the mattress?



How would you advise OP pays the funeral? Would taking money out of one of the deceased bank accounts to pay be intermeddling ?

The OP should ideally take professional advice. Getting the bank to pay for the funeral should be OK. Perhaps you should try some research on \ intermedling. Just querying things because of your own lack of knowledge is not helpful. The

getmore4less

AnotherJoe wrote: »

People often state here that by getting involved in an insolvent estate they risk becoming liable for all the debts but is there actually any evidence for that ? If for example a solicitor started the process of probate and only through the process of investigating the deceased's affairs worked out they were insolvent, I feel sure they wouldn't be liable, so why would a non solicitor?
Many of us here have begun probate thinking it's normal with a surplus, is anyone seriously suggesting that if for example you discovered a large debt that wiped that out, you'd immediately become liable?
Something doesn't seem right.
Can anyone point to an actual instance of this happening, one that isn't a real left field example, just a normal "deceased owes £20k and has £10k assets" or "found mum had mortgaged the house before she died and spent all the money" type.

Liability is exaggerated.

The risk is distributing incorrectly and being unable to recover assets to distribute properly.

Any liability will be limited to what any creditor could have got as their share of the assets.

No assets no liability.

74jax

AnotherJoe wrote: »

So no examples then? I'm starting to think this is overblown. Or just take out insurance. How otherwise can they, for example get into the house to remove personal effects, maybe of trivial cash value but highly sentimental value or to investigate to see if indeed the deceased has £100k under the mattress?



How would you advise OP pays the funeral? Would taking money out of one of the deceased bank accounts to pay be intermeddling ?

I'm not sure how they would take it out?

The funeral directors normally deal with the bank for payment and the money doesn't go 'via' anyone.

Shunna

Wow, Thanks for everyone's input.......Now I have had time to go through everything it works out as 2 Credit Cards with a total value of £7500 but there are 5 Debt Collection agency's that I have letters from but they go back 2 years so not really sure if they are still outstanding?
I really think I need a solicitor on this one as it is really complicated.
Thanks again everyone.

Keep_pedalling

Shunna wrote: »

Wow, Thanks for everyone's input.......Now I have had time to go through everything it works out as 2 Credit Cards with a total value of £7500 but there are 5 Debt Collection agency's that I have letters from but they go back 2 years so not really sure if they are still outstanding?
I really think I need a solicitor on this one as it is really complicated.
Thanks again everyone.

No, you don’t need a solicitor unless you want to run up even more costs. Apart from cash what other assets did she have? Did she own her own home?

Shunna

Keep_pedalling wrote: »

No, you don’t need a solicitor unless you want to run up even more costs. Apart from cash what other assets did she have? Did she own her own home?

She had no assets whatsoever, it was a rented flat.

Owain_Moneysaver

Keep_pedalling wrote: »

No, you don’t need a solicitor unless you want to run up even more costs.

The estate is insolvent. A solicitor's fees will be an expense payable by the estate and will reduce the amount available to the creditors.

There isn't going to be anything left for beneficiaries anyway, so costs in this case are irrelevant, as long as they are payable out of the estate before the creditors.

Yorkshireman99

Keep_pedalling wrote: »

No, you don’t need a solicitor unless you want to run up even more costs. Apart from cash what other assets did she have? Did she own her own home?

She needs proper professional advice not the comments on a forum. Half an hour with a solicitor will not cost much and may even be free. Saying she does not need t is irresponsible as well as wrong.