Insolvent Estate and Renounce Ex

Arnold03

@silvercar thank you for your kindness, I have no interest in the house or any potential monies any excess can go to creditors. I just want the stress in someone else’s hands.

silvercar

Arnold03 said:

after we register the death today, I think we will use the tell us once service - is this ok to do and will not be seen as intermeddling … and the same with informing his two bank accounts or his death.

That's fine, you are informing not meddling.

Once we have done as you suggested - if any of the creditors come back to us to ask questions do we simply refer them back to mortgage lender? 

I would just tell them the estate is insolvent and no one is administering it. They have his address and can easily find that there is a mortgage and can contact the lender for themselves. Although it is the most likely outcome, it isn't on you to tell creditors that the lender is likely to choose to administer the estate.

One more thought, the house key is currently with the estate that had been trying to sell the house, do I just advise the mortgage company of that … and we DO NOT collect it (sorry this intermeddling has scared me too) 

I would tell the lender the name of the estate agent that has the key and tell the estate agent that you are not involved and the name of the lender who holds the mortgage. Leave it to them to contact each other and walk away. You have no further obligations and nothing that I have suggested will count as meddling.

silvercar

Arnold03 said:

@silvercar thank you for your kindness, I have no interest in the house or any potential monies any excess can go to creditors. I just want the stress in someone else’s hands.

Understood. In that case, you can walk away from it all. Just use the tell it once service. In theory you are not obliged to communicate with the creditors, the mortgage lender, the estate agent or anyone. These were his debts and not yours, so you don't have any obligations.  

Arnold03

@silvercar and @Keep_pedalling your advice has brought me some peace and clarity.

 I will follow the advice and hope that it all falls into place - we have just got back from registering his death and are broken hearted 💔 once I have done as suggested if I get any mail or any questions I simply reply with “we have renounced and it has all be passed to the mortgage lender (and refer them that way?)  would that be correct?

do I need to do anything today or can that all wait a couple of days ? 

Flugelhorn

Arnold03 said:

@silvercar and @Keep_pedalling your advice has brought me some peace and clarity.

 I will follow the advice and hope that it all falls into place - we have just got back from registering his death and are broken hearted 💔 once I have done as suggested if I get any mail or any questions I simply reply with “we have renounced and it has all be passed to the mortgage lender (and refer them that way?)  would that be correct?

do I need to do anything today or can that all wait a couple of days ? 

definitely wait a few days and spend the time looking after yourself and family - all these things will still be there next week 

Claude_and_Eustace

I’m so sorry for your loss. This is totally separate, and you may have already done it, but you are probably still eligible for bereavement support payments. They were a huge help to me: 
https://www.gov.uk/bereavement-support-payment/eligibility

silvercar

Arnold03 said:

@silvercar and @Keep_pedalling your advice has brought me some peace and clarity.

 I will follow the advice and hope that it all falls into place - we have just got back from registering his death and are broken hearted 💔 once I have done as suggested if I get any mail or any questions I simply reply with “we have renounced and it has all be passed to the mortgage lender (and refer them that way?)  would that be correct?

do I need to do anything today or can that all wait a couple of days ? 

You don’t actually need to do anything. It may make it easier,  in terms of any creditors leaving you alone, if you do reply to each saying that you believe the estate is likely to be insolvent and no one (from the family) is administering it. I would stop short of telling anyone that you have passed things to the mortgage lender as that isn’t your business and the mortgage lender hasn’t yet decided what they want to do. The other creditors are unsecured, so don’t automatically have to contact the lender and form an orderly queue to be reimbursed from the house sale proceeds, they may decide it’s not worth the hassle or they may pursue, it really isn’t your business and no need to direct them anywhere. 

Certainly no obligation on you to rush to deal with anything. Wait a few weeks if you want. Nothing is likely to happen quickly.

Arnold03

@silvercar so if they write back (the creditors) do I just reply - as already informed we believe the estate is insolvent and no one from the family is administering it (can they easily find out who the mortgage is with therefore they will naturally approach them?) and that should be the end of it ?  

silvercar

Arnold03 said:

@silvercar so if they write back (the creditors) do I just reply - as already informed we believe the estate is insolvent and no one from the family is administering it (can they easily find out who the mortgage is with therefore they will naturally approach them?) and that should be the end of it ?  

Yes. I’d reply one further time, then return to sender or bin after that. They can find mortgage information easily if they know the address and if they know it hasn’t been sold. Otherwise they may not think to look for ownership of previous addresses. You want them off your back, so maybe worth telling them that you currently rent, but he owned XXX address previously and it had a mortgage and as far as you are aware it hasn’t been sold. 

Arnold03

Thank you so much  you’ve brought me some clarity xx I’m forever grateful xx 

so plan is this 

1) do the tell them once.
2) inform his two bank accounts that he has passed (is it ok to provide death certificate - as if they close the account is that seen as inter meddling?) 
3) both of us fill in PA15 get it signed then post to (special delivery) HCMTS (is it effective immediately and do we get confirmation from them that is has been received?) we then take copies of the PA15? 
4) I write to mortgage lender with death certificate and copy of will and copy of both PA15s and list of the four known other creditors, and say that we have renounced and estate is likely insolvent is not being administered. 

5) I write to the other 3 creditors to say he has passed and that executors have renounced as estate is likely insolvent and is not being administered (should I send them death certs as well?) should I include on this letter that the property (insert address) that is mortgaged but as far as I’m aware it has not sold. (Am I able to request that they do not contact me further - and that any further enquires should be dealt with by HCMTS ( or is that wrong, or should I not do this?) 
6) I do not send pa15 to the other c3 creditors just the mortgage company. (If any of them request it do I send or just refer them to HCMTS) 

so sorry to be an idiot, grief plays horrid games with clarity. I just don’t want to do anything wrong.

Myself and my children are beyond grateful xx