Dealing with will and debt

dibs1975

I am rhe executor of a will and currently waiting for probabte. There is an outstanding final bill for a carehome and a possible dla over 65 over payment. There is probably just enough to pay them but I have been told I am liable for the debts and need to pay them. Then I have also been told I dont need to pay and they cannot chase or make me liable for them. They were financially assessed for the care home so they will know how much was in the bank. Once I get access to the bank funds should I pay theses debts. Thank you in advance to anyone that offers advice.

RAS

Can you clarify what assets the donor had when they died that require probate? Property? Accounts above the level at which banks/building societies will release them? NS&I funds?

You are not personally liable to pay the debts but if the estate doesn't have enough to cover them, it would be better not to apply for probate, and just let the creditors fight it out. 

Have you actually intermeddled, so it's too late to renounce?

dibs1975

Property and land deeds but all proceeds from house sale goto equity release

dibs1975

I have already informed everywhere  they have passed. There might be enough in her bank to cover the debts but I am unsure what other costs I will have involving the estate. The carehime did a financial assessment so they will probably know what is available to the estate.

Keep_pedalling

Sounds like the estate is insolvent, in which case you have to tread very carefully. Had you been aware of this from the start the advice would have been to step away and leave it up to the ER company to deal with the estate, but it is too late to do that now. 

Once the ER has been paid then the next call on the estate is funeral cost and after that the unsecured debts. If there is not enough to pay all of them then they need to be paid on a proportional basis so you can’t pay any of them until you know how much is owed in total. You are not personally responsible for any of the debt unless you get this wrong.

To protect yourself from any unknown debts you should put a notice in the London Gazette.

Write to the creditors informing them that the estate may be insolvent and that you will be in contact again once you have established the total assets and debts owed by the estate. 

Baldytyke88

In England the council generally helps to pay for care costs if you have savings less than £23,250. So the estate should always be left with £23,250

Alderbank

You are not liable for someone else's debts.

However if you volunteer to become an administrator, part of the process is that you undertake to administer the estate exactly according to the will and testamentary law, and you accept personal liability if you fail to do that.

This is not normally a problem if the estate is solvent but if it is insolvent someone is going to get less than they expected, so you as administrator need to take extreme care that everything is done exactly according to law.

Check everything, document everything and keep everything. Don't accept assurances from any interested parties.