Housing Association - credit balance at time of death

Some really interesting responses, it never ceases to amaze me how different people look at things and how opinions differ from one to another. I guess that is what make forums so interesting to read!

I am grateful for the advice and clarification that has been offered, apart from one post that I am somewhat disturbed and even angered by;

Fire_Fox wrote: »

You are muddling up your two distinct roles. Either

with your 'executor hat' on you acted incorrectly organising a funeral you knew that the deceased's estate could not honour.

with your 'bereaved son hat' on you organised a funeral you knew you could not afford, but decided to find a way.

Unfortunately either way you are personally liable for the shortfall.

I am concerned it would be a further misuse of your 'executor hat' to pursue the HA for money to offset your personal liability. I suggest any money is paid directly to the undertaker.

Where an estate is insolvent, the local council can be asked to organise a basic funeral. They will not inform anyone where or when this occurs.

I appreciate you replying to my thread but I do feel that your assessment is a little harsh to say the least. You suggest that I acted improperly in organising a funeral for my Mother that her estate could not afford. Or I organised a funeral for my Mother that I knew I could not afford.

Well yes I organised a funeral knowing that there was no money in the estate and yes I was aware that there would be a shortfall that I would be responsible for and I have no problem with that. I should also add that neither did the funeral director as I advised him at the outset of my position. I also offered to pay in full by credit card at the time of booking as I did not want him being out of pocket. He chose not to have me do that and said we would work things out once I knew what the funeral payment I applied for would cover. Otherwise I would have taken the hit on interest on the card and repaid it over time.

I think it is important to remember that this was my Mother and in death as in life she deserved a little respect and dignity. This was also the last thing I was able to do for her and I think you would find that 99.9% of people in the same position would do the same thing.

I have not and will not shy away from the fact that the shortfall is mine to bare and in the end the funeral director, who has been extremely understanding and sympathetic will have his money - all of it!

For the record I booked the cheapest funeral available, a hearse, no funeral cars, the cheapest coffin and service at the crematorium possible! There were some extras I won't go into but they were provided at no cost out of the kindness of the undertakers heart, for which I will be forever grateful to him for.

To suggest that I am further misusing my executor role and expecting the HA to pay for what is my personal liability is extremely offensive! In fact I am trying to get back money that the HA actually had no right to for the last 4/5 years they have had it. Irrespective of anything they have a duty of care for their tenants and have questions to answer about their procedures and how this came to be.

To then compound that by suggesting any money should be paid directly to the funeral director is not only offensive, it is a slur on my reputation as it implies I would keep the money and screw the funeral director over!
You know nothing about me other than what I have written on here, yet you make these offensive remarks and assumptions:mad: Perhaps because I said I am on Universal Credit and PIP you feel that makes me dishonest? Whatever you are suggesting I believe it was completely inappropriate and deeply offensive!

To clarify the situation regarding the HA, for whatever reason they have had over £800 from my Mother that should under their own policies not have been allowed to happen. However it did happen and yes I take exception to the fact that they had this money for 4/5 years. I feel it is perfectly reasonable for me to question this and their procedures and to try and get the whole amount refunded. It would then be used to help pay for the apparent "inappropriate funeral" I organised not for some "jolly" or personal gain. Had I been aware of the situation prior to my Mothers death I would have taken action and the money would have already been refunded.

I asked for advice regarding the legalities in trying to get this money refunded on the grounds it was money they should not have had, that at least is completely clear. Also having tried to find information about the situation I was struggling to get a clear picture other than the law saying that any monies in the estate must be used to pay for the funeral first and foremost. Interestingly Martin Lewis states in the "What to do when someone dies" section, item number 26 "If the deceased has any commercial debts or cash owed to them, or was in credit on their bills, the executor or administrator needs to recover this money.". I was unaware of the "right to offset" at the time. However I accept the advice I have received particularly from Malthusian and others as it has helped me.

Yes I chose to write and ask for the full amount to be refunded and while they may have the right to offset, I see nothing wrong in trying to recover what they should not have had in the first place. I did not however expect to be "judged" and made to feel like I had done something wrong and "inappropriate".

Apologies for the long post but I feel I needed to point things out!