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Insolvent estate

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  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Get the sentimental items from her home. Advise the Landlord that he can take back possession of the property, and can sell what remains to offset the cost of clearance. Explain that she died in debt and there are no further funds available.

    Find out how much the benefits overpayment is and, if less than £1500, pay that. Offer whatever is left to the credit card company, with a brief explanation of how you arrived at the sum. Explain there is nothing more and that the estate is insolvent.

    If the benefits overpayment is more than £1500, offer them the £1500 and explain that the estate is insolvent. Then write to the credit card company and explain there are zero funds.

    Whatever happens, you are not liable for those debts. The estate being insolvent is nothing like a person being insolvent - it just means there isn't enough in the estate to cover the debts, so the debts have to be written off. You definitely don't need an insolvency practitioner!
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  • EssexHebridean
    EssexHebridean Posts: 24,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 June 2019 at 9:23PM
    A few points for you OP in addition to what has been said.

    It is correct that the estate's liabilities are not your liabilities - however you must tell your trustee in Bankruptcy that you are appointed executor because the trustee is likely to find out otherwise, and may delay your discharge investigating why you've not told them. The trustee should not be interested in getting involved, however.

    You need to make sure that the trustee is also aware that currently you have that £1500 too. It is the estate's money, not yours as things stand currently. Get in writing from the pension people and the Housing Benefit people the exact amount owing back to them. The two debts for the overpayments are priority debts over Nationwide and will need to be cleared ahead of you offering any balance remaining to Nationwide. In the case of Nationwide you need to state that the amount being paid is in full & final settlement of your late Mother's debt.

    Re the personal possessions. If there is a will naming you as executor then you are entitled to do as you wish with your Mother's personal possessions. Get anything you require from the property ASAP and then hand the keys back, ideally before another month's rent becomes payable. The risk otherwise is the landlord will go in, arrange house clearance and everything will be taken to offset against the outstanding rent.

    The estate is not big enough to require a grant of probate, so there is no reason for you to need to see a solicitor or financial advisor on that basis. If there is not a will, the position is a little more complex. If that is the case then say that in the thread and someone will be able to advise further.
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