We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Died intestate with no assets and catalogue seeking payment

Hi, I hope someone more knowledgable than me can help.

My mother in law died intestate over 4 weeks ago.  Her policies paid for the funeral and she had no assets, the house was rented and she had very little left in the bank.  No letters of administration were applied for as the policies did not require these, neither did the bank.  In essence there was hardly anything left.  Fast forward 4 weeks and I have received a letter asking for payment of nearly £400 for a catalogue (who was notified of the death using the notification service).  

My question is does this have to be paid and who would be responsible for this.  There were no assets to sell and the little money raised covered the funeral.  

I hope someone can guide me along the right lines here.
«1

Comments

  • TadleyBaggie
    TadleyBaggie Posts: 6,764 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    No one else is responsible for debt, any payment would need to come out of the estate. If the estate doesn't have the funds then that should be the end of it.
  • Billy12345
    Billy12345 Posts: 108 Forumite
    Eighth Anniversary 100 Posts
    No one else is responsible for debt, any payment would need to come out of the estate. If the estate doesn't have the funds then that should be the end of it.
    Thanks for this however how do I prove the estate had no funds, what do I need to disclose to the company chasing payment
  • DavidT67
    DavidT67 Posts: 577 Forumite
    Part of the Furniture 100 Posts Name Dropper
    It is not on you to prove the estate is insolvent, do not intermeddle or take on the administration of the estate.
    Simply inform the lender that the estate is insolvent. and leave it at that.
  • Billy12345
    Billy12345 Posts: 108 Forumite
    Eighth Anniversary 100 Posts
    DavidT67 said:
    It is not on you to prove the estate is insolvent, do not intermeddle or take on the administration of the estate.
    Simply inform the lender that the estate is insolvent. and leave it at that.
    Thanks for that, shall I just phone them up and tell them.  I helped my wife deal with the policies etc and those were used to pay for the funeral.  Is it easier to phone or write to them as I dont want to say the wrong thing on the phone.
  • Keep_pedalling
    Keep_pedalling Posts: 21,657 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    DavidT67 said:
    It is not on you to prove the estate is insolvent, do not intermeddle or take on the administration of the estate.
    Simply inform the lender that the estate is insolvent. and leave it at that.
    Thanks for that, shall I just phone them up and tell them.  I helped my wife deal with the policies etc and those were used to pay for the funeral.  Is it easier to phone or write to them as I dont want to say the wrong thing on the phone.
    I would write to them. Explain that the estate is insolvent and that after funeral costs there is not her to distribute. Also add that no one is administering the estate, that should be the end of it. 
  • SiliconChip
    SiliconChip Posts: 1,941 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Your post is a little inconsistent, you say that "her policies paid for the funeral" and "she had very little left in the bank", then later you say "the little money raised covered the funeral". If the funeral was paid for by insurance and there was some money in the estate, albeit a small amount, what happened to it? If it went to a priority use that's fine, but if not then it should be offered to creditors. See Step 3 here under "How to pay off debts after death" for the priority order.
  • la531983
    la531983 Posts: 3,514 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited Today at 11:08AM
    singhini said:
    Is this any use:-


    [Your Name]
    [Your Address]
    [Date]
    To: [Catalogue Company Name]
    Re: [Your MIL Name] – Account No. [if known]
    Dear Sir or Madam,
    I am writing in connection to the correspondence you have sent regarding an outstanding balance on the above account. I regret to inform you that [Your Mother-in Laws Name], passed away on [Date]. Her estate is insolvent and, after paying funeral costs, there are no funds or assets to distribute.
    For your information no one is administering the estate, and there will be no probate or letters of administration as there are no assets to warrant this.

    Yours faithfully,
    [Your Name]

    Very good but should also include a line along the lines of "please find enclosed a copy of the death certificate", and attach it with the letter.

    All this is of course assuming there is no money, the above poster has pointed out this isnt clear.
  • singhini
    singhini Posts: 1,096 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    la531983 said:
    singhini said:
    Is this any use:-


    [Your Name]
    [Your Address]
    [Date]
    To: [Catalogue Company Name]
    Re: [Your MIL Name] – Account No. [if known]
    Dear Sir or Madam,
    I am writing in connection to the correspondence you have sent regarding an outstanding balance on the above account. I regret to inform you that [Your Mother-in Laws Name], passed away on [Date]. Her estate is insolvent and, after paying funeral costs, there are no funds or assets to distribute.
    For your information no one is administering the estate, and there will be no probate or letters of administration as there are no assets to warrant this.

    Yours faithfully,
    [Your Name]

    Very good but should also include a line along the lines of "please find enclosed a copy of the death certificate", and attach it with the letter.

    All this is of course assuming there is no money, the above poster has pointed out this isnt clear.

    Did you not read the original post................... "(who was notified of the death using the notification service)."  
    The catalogue company are already aware of the death............... that's why they sent their letter.
    Sending a copy of the certificate is a unnecessary expense IMHO
    I have a tendency to mute most posts so if your expecting me to respond you might be waiting along time!
  • Silvertabby
    Silvertabby Posts: 10,378 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    singhini said:
    la531983 said:
    singhini said:
    Is this any use:-


    [Your Name]
    [Your Address]
    [Date]
    To: [Catalogue Company Name]
    Re: [Your MIL Name] – Account No. [if known]
    Dear Sir or Madam,
    I am writing in connection to the correspondence you have sent regarding an outstanding balance on the above account. I regret to inform you that [Your Mother-in Laws Name], passed away on [Date]. Her estate is insolvent and, after paying funeral costs, there are no funds or assets to distribute.
    For your information no one is administering the estate, and there will be no probate or letters of administration as there are no assets to warrant this.

    Yours faithfully,
    [Your Name]

    Very good but should also include a line along the lines of "please find enclosed a copy of the death certificate", and attach it with the letter.

    All this is of course assuming there is no money, the above poster has pointed out this isnt clear.

    Did you not read the original post................... "(who was notified of the death using the notification service)."  
    The catalogue company are already aware of the death............... that's why they sent their letter.
    Sending a copy of the certificate is a unnecessary expense IMHO
    The letter was probably just a request for payment.  As this will not be forthcoming, they will need proof of death before they can close their records.  
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.4K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.4K Work, Benefits & Business
  • 601.2K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.