No Will and Debts

st86

Hi All,

Very first time posting,

My mother in law recently passed away with coronavirus but left no Will. She had very little money and no valuable assets but did have quite a few credit card debts and 2 with debt companies Moorcroft debt recovery and Link. Financial

I'm worried that the debtors will come after myself and my wife and so need some advice on what to do.  Do we legally need to inform them and do we legally need to administer the estate?

Any advice would be gratefully appreciated

Say Safe & Thanks

ST

xylophone

https://www.bereavementadvice.org/topics/probate-and-legal/insolvent-estates/

Dox

Don't do anything which could be construed as 'administering' the estate. You don't need to, but if you start, you'll have to complete the job - and if the estate is insolvent, it can be a real problem and you can guarantee any creditors will make your life a misery.

If the creditors do 'come after you', say you are not taking any steps to deal with the estate but they are most welcome to apply for letters of administration if they wish to take on the task. They won't!

st86

Thanks for the replies,
The only thing we have done is inform the tell me once service and some utility and landlord of her rented flat. Should we not inform the bank and also do we clear her flat or leave it to the landlord?

Sorry for more questions but we had to do the above as we have had to organise the funeral and inform the government. 

Thanks

74jax

st86 said:

Thanks for the replies,
The only thing we have done is inform the tell me once service and some utility and landlord of her rented flat. Should we not inform the bank and also do we clear her flat or leave it to the landlord?

Sorry for more questions but we had to do the above as we have had to organise the funeral and inform the government. 

Thanks

You don't have to use the tell us once to organise a funeral, is that what you were told?

I think by doing so you have started to administrater the estate, especially by informing utilities also. 

st86

I think we were trying to do the correct thing and inform the government and benefits.

What do you think the best option would be now?

Mojisola

st86 said:

I think we were trying to do the correct thing and inform the government and benefits.
What do you think the best option would be now?

You haven't become administrators by informing people of the death. 
You can notify people and companies - do it by letter or email and state that the estate is probably insolvent, that nobody is administering the estate and not to contact you again. 
If you send a letter, you don't need to give your contact details; if you email, you can set up a new email account just for this. 

Malthusian

74jax said:

You don't have to use the tell us once to organise a funeral, is that what you were told?

I think by doing so you have started to administrater the estate, especially by informing utilities also.

To reinforce, this is not correct.

Telling utilities that a customer has died != intermeddling.

Telling a utility that someone has died, and instructing them to pay their credit balance into your bank account (or another account that you control) = intermeddling.

The OP should tell anyone who contacts them that the estate is insolvent and nobody is administering it - nothing more.

They can bill the cost of the funeral to the MIL's bank. Organising a funeral and collecting the money from the deceased's account is also not intermeddling. (The MIL's bank can deduct its own debts from her cash balance with them, but unsecured debts owed to others rank below funeral costs.)

st86

Malthusian said:

74jax said:

You don't have to use the tell us once to organise a funeral, is that what you were told?

I think by doing so you have started to administrater the estate, especially by informing utilities also.

To reinforce, this is not correct.

Telling utilities that a customer has died != intermeddling.

Telling a utility that someone has died, and instructing them to pay their credit balance into your bank account (or another account that you control) = intermeddling.

The OP should tell anyone who contacts them that the estate is insolvent and nobody is administering it - nothing more.

They can bill the cost of the funeral to the MIL's bank. Organising a funeral and collecting the money from the deceased's account is also not intermeddling. (The MIL's bank can deduct its own debts from her cash balance with them, but unsecured debts owed to others rank below funeral costs.)

So by informing the government and utility companies have I unknowingly become an executor?
Should I know just walk away or is it too late? 

Mojisola

st86 said:

So by informing the government and utility companies have I unknowingly become an executor?
Should I know just walk away or is it too late?

No, you haven't.

There's lots of info like this site -

"Inter-meddling is generally considered to be taking steps to collect in the Deceased’s assets, paying the Deceased’s liabilities or paying any sums due to beneficiaries. However arranging the funeral and securing goods within the estate is not considered to be inter-meddling."

https://elselaw.co.uk/problems-with-executors-and-administrators/

xylophone

All you have done is to advise  the DWP/landlord/utilities/bank  etc of a death.

You have not made any attempt to collect the assets or pay liabilities.

You have not made any attempt to administer the estate and therefore cannot be said to have "intermeddled".


It would be as well to advise the credit card companies/other debtors of the death (otherwise they will continue to send bills and letters to her last registered address which is hardly fair on the new tenant).