Demanding creditors demanding information re: my deceased parent.

August1977

My Dad died suddenly a while back. I am the executor of his will. There is very little in his estate as he didn't own property or have secret savings. No probate required. No IHT needed, just me dealing with it. There is a little bit of cash which has been released to me but doesn't seem to be enough to pay back a few large credit card bills, utilities and outstanding bills inc. funeral costs.  Philips and Cohen are chasing the CC debts and have asked me to provide them with information regarding the estate and his debts. 
There are care costs and other costs incurring relating to mental health and disability and winding up his life. It is very stressful and upsetting.

How much information am I required to give P and C? They have sent a form to me to complete but it is very basic and I don't know what costs I should be putting down with regarding to executor and funeral costs. Do I need to provide receipts and invoices etc to them for every outstanding bill and justify the funeral expenses to them? They started off being pleasant but have escalated and the last phone call was worrying. I got the impression they can demand bank statements and access information on other debts. Can anyone advise me on negotiating repayment pro rata with them and what info I am legally required to give them? 

doodling

Hi,

(Reasonable) funeral costs come first, above other debts.

Was there enough money left to pay for the funeral with some left over?

If there wasn't then tell them that.

If there was then you would ideally not take up the role of executor as it gets complicated.  What have you done so far?

August1977

I paid for the funeral up front. There is some money left but I want to be repaid from estate. So far I have notified everyone and closed accounts/ utilities. I am onto the paying debts back part now. I understand I have to pay back specific debts first. I just want to know how much information and paperwork they can legally demand from me when arranging pro rata payment for these specific debts. I also don't want to make a mistake and pay them when I should have paid the other debts off first. I feel really stressed about having to justify every expense and debt to them especially as I am incurring costs with travel/loss of wages/clearance costs.  Really I just want to know what information I am obliged to give them.

Keep_pedalling

August1977 said:

I paid for the funeral up front. There is some money left but I want to be repaid from estate. So far I have notified everyone and closed accounts/ utilities. I am onto the paying debts back part now. I understand I have to pay back specific debts first. I just want to know how much information and paperwork they can legally demand from me when arranging pro rata payment for these specific debts. I also don't want to make a mistake and pay them when I should have paid the other debts off first. I feel really stressed about having to justify every expense and debt to them especially as I am incurring costs with travel/loss of wages/clearance costs.  Really I just want to know what information I am obliged to give them.

If after funeral costs there is nothing left then it becomes simple, you write to the creditors informing them that the estate is insolvent and there are insufficient assets to cover the funeral. Also inform them that no one is administering the estate and that should be the end of it for you.

It gets somewhat more tricky if there are assets left over once the funeral debts have been met as the creditors should be payed on a pro rata basis. 

August1977

Thank you all. Yes there are some funds left and I'm trying to work out who to pay and what info I have to give Philips and Cohen.  They worried me slightly in the last call as they weren't clear about what info I need to give them. I don't want to make a mistake and then be liable. 

Keep_pedalling

You have to be very careful here. First off are you confident that you are aware of all the debts? 

msb1234

I’m also dealing with the same company and find them to be very understanding. I would assume that they would like to see bank statements showing what money he had when he died, invoices for his funeral expenses and evidence of any other debts he had that haven’t yet been paid out. 

Marcon

Keep_pedalling said:

August1977 said:

I paid for the funeral up front. There is some money left but I want to be repaid from estate. So far I have notified everyone and closed accounts/ utilities. I am onto the paying debts back part now. I understand I have to pay back specific debts first. I just want to know how much information and paperwork they can legally demand from me when arranging pro rata payment for these specific debts. I also don't want to make a mistake and pay them when I should have paid the other debts off first. I feel really stressed about having to justify every expense and debt to them especially as I am incurring costs with travel/loss of wages/clearance costs.  Really I just want to know what information I am obliged to give them.

If after funeral costs there is nothing left then it becomes simple, you write to the creditors informing them that the estate is insolvent and there are insufficient assets to cover the funeral. Also inform them that no one is administering the estate and that should be the end of it for you.

It gets somewhat more tricky if there are assets left over once the funeral debts have been met as the creditors should be payed on a pro rata basis. 

The problem is that it sounds as if someone has started to administer the estate, and once you start (technical term 'intermeddling'), you can't usually just down tools...

OP, it sounds as if this is an insolvent estate, so I'd get some legal advice pronto to see if you have already gone 'too far' to back out now.