Brother-in-law died, no will, no up to date paperwork, no state pension, loads of bills!

Bobbysoxx29

My brother in law died just before Christmas in his home which could only be described as a hoarders house. We didn't realise how bad it would be but as he never really allowed anyone in then we should have guessed. The problems we have are several. From what we can gather he never claimed his State Pension, he didn't really pay his bills and his landlord is pressing for the rent money he is owed. He didn't keep anything together and it looks like he just threw letters aside unopened in whatever room he was passing. How on earth do we start to unravel this mess when we don't know where, if any, money (savings) might be.  The DWP have sent some forms (BR102/14 and BR33004/13) to his sister,  who is trying to do her best but without Internet, she is over her head. I'm trying to help but it's getting a little crazy!!  Help anyone, please!

xylophone

The DWP have sent some forms (BR102/14 and BR33004/13) to his sister, 

 Is she able to complete them?

he didn't really pay his bills 

And this was never questioned by water/gas/electricity providers or the local council?

his landlord is pressing for the rent money he is owed. 

Has he ever paid the rent? If so, how did he pay it? Cash?

He must have been eating - how did he pay for his food?

Did he have any form of pension?

Savvy_Sue

Unless you are SURE that there are savings there, your best bet is to walk away, harsh though that sounds. Dealing with an intestate estate can be really difficult, and costly. 

getmore4less

This is one to trad carefully and may need a walk away.

Read up on intermeddling
those DWP form may count as intermeddling

this has gone on a few weeks now, depending what has been done there may be issues.

DO NOT PAY ANYTHING to anyone.

If prepared to accept there is nothing to inherit then walking away might be the best option.

A quick look round and grab anything you want to keep or may be useful information remove for safe keeping and walk.

Be prepared to lose everything else in the places if the landlord has to clear.

The next option is try to establish if there is a solvent estate ASAP not easy if no one knows anything and can't find any banking information, can still back off but can't take too long. 

Many just want to do right by the relative and end up taking on a big job with  loads of work for nothing at the end.



 

Marcon

getmore4less said:

This is one to trad carefully and may need a walk away.

Many just want to do right by the relative and end up taking on a big job with  loads of work for nothing at the end.

And that's the problem, especially with an estate which is, or is highly likely to be, insolvent. It is very hard indeed to get your head round the fact that you aren't 'doing the right thing' by a dead person: they are dead and won't know, let alone thank you. If they couldn't be bothered to sort out their affairs in life, they won't have had a change of heart on death.

If anyone starts to administer the estate in any way (see post above), you can't opt out at a later date - and could be personally liable if, say, you pay off creditors in the wrong order/proportions. 

Heartless as it sounds, leave well alone.

Mickey666

I agree with the above sentiments that this could become a real mess, lots of work, lots of stress and no reward.
So what happens, in a case like this, if no one steps forward to volunteer to sort out the estate?

bouicca21

If OP does nothing else bar clearing the premises, in order to come to some appreciation of whether the estate is or is not insolvent,  is that still intermeddling?

Mojisola

How old was he and how many years of state pension weren't claimed - that might cover a lot of debts.

74jax

Bobbysoxx29 said:

My brother in law died just before Christmas in his home which could only be described as a hoarders house. We didn't realise how bad it would be but as he never really allowed anyone in then we should have guessed. The problems we have are several. From what we can gather he never claimed his State Pension, he didn't really pay his bills and his landlord is pressing for the rent money he is owed. He didn't keep anything together and it looks like he just threw letters aside unopened in whatever room he was passing. How on earth do we start to unravel this mess when we don't know where, if any, money (savings) might be.  The DWP have sent some forms (BR102/14 and BR33004/13) to his sister,  who is trying to do her best but without Internet, she is over her head. I'm trying to help but it's getting a little crazy!!  Help anyone, please!

Is the deceased your sisters husband, or your wife's brother? 
Are your sister or wife (whichever it is) able to carry out the administration? 

Mickey666

Mojisola said:

How old was he and how many years of state pension weren't claimed - that might cover a lot of debts.

True.  But there is no will so if the estate is solvent and there is anything remaining after debts have been paid, the rules of intestacy will apply.  If the sister qualifies for anything under the intestacy rules then she is still a beneficiary regardless of whether she takes on the burden of sorting out what sounds like a very messy estate.  Thus, the sister could refuse to take on that burden without jeopardising any subsequent inheritance that may eventually be paid.

Brynsam

Mickey666 said:

I agree with the above sentiments that this could become a real mess, lots of work, lots of stress and no reward.
So what happens, in a case like this, if no one steps forward to volunteer to sort out the estate?

The landlord disposes of the possessions and it's up to him (or any creditor) to apply to administer the estate if they want to. Otherwise the estate will simply never be wound up.