HA & property clearance

No will was left and I am the next of kin. The Housing Association have told me they are going to charge me, am I legally responsible for this?

I’m disabled and live 3 hours away so I can’t sort it myself.

Thanks.
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  • calleyw
    calleyw Posts: 9,822
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    Kezzy41 wrote: »
    No will was left and I am the next of kin. The Housing Association have told me they are going to charge me, am I legally responsible for this?

    I’m disabled and live 3 hours away so I can’t sort it myself.

    Thanks.


    No the estate will pay. Was there any money left? if not then tough they will not get anything.



    Yours


    Calley x
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • Right ok. He had money in his bank account, but he nominated someone else to receive the lump sum from his pension.
  • MovingForwards
    MovingForwards Posts: 16,860
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    Funeral is paid out of assets (not pension payment to nominated person as that falls outside their estate), then creditors get to fight over what's left.

    If there isn't enough money left for everyone, or to settle in full, the estate is insolvent and you do not want to get involved.
    Mortgage started 2020, aiming to clear it in 2026.
  • Flugelhorn
    Flugelhorn Posts: 5,492
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    The HA will try it on as they know some people would just pay it because they feel they "ought" to. But you don't have to pay and shouldn't be paying it out of your money.
    The above posters are correct, the pension lump sum is outside the estate so doesn't count and the funeral is the first payment to be made. If they are pestering you then just say that the estate is insolvent and there is no money left after funeral
  • Flugelhorn wrote: »
    The HA will try it on as they know some people would just pay it because they feel they "ought" to. But you don't have to pay and shouldn't be paying it out of your money.
    The above posters are correct, the pension lump sum is outside the estate so doesn't count and the funeral is the first payment to be made. If they are pestering you then just say that the estate is insolvent and there is no money left after funeral


    The HA are being a nightmare. My dad was a hoarder, which I only found out when i went to his flat. So could only do so much with my health and distance. They don’t seem to care and I did warn them.

    There is little money left in his account which covered my cost towards the outstanding of his funeral. If i say the estate is insolvent with some money still left surely they’ll ask to see proof?
  • Malthusian
    Malthusian Posts: 10,898
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    Kezzy41 wrote: »
    If i say the estate is insolvent with some money still left surely they’ll ask to see proof?

    Tell them if they want proof they can apply to administer the estate. It's not your problem how much is left.

    Do not take any further action over the money or ask the bank for statements, that could be viewed as intermeddling. Arranging the funeral wasn't intermeddling.

    Make a formal complaint to the association that they put pressure on you to pay a debt that wasn't yours, as that is despicable behaviour. It is the kind of thing any local journalist worth their salt should love to get stuck into.
  • Skiddaw1
    Skiddaw1 Posts: 2,000
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    I'm with Malthusian. Seriously, make a formal complaint and threaten to involve your MP and local press if HA continue to put pressure on you.



    Sorry you're having to deal with this on top of losing your dad.
  • Kezzy41
    Kezzy41 Posts: 6 Forumite
    edited 23 October 2019 at 4:15PM
    Malthusian wrote: »
    Tell them if they want proof they can apply to administer the estate. It's not your problem how much is left.

    Do not take any further action over the money or ask the bank for statements, that could be viewed as intermeddling. Arranging the funeral wasn't intermeddling.

    Make a formal complaint to the association that they put pressure on you to pay a debt that wasn't yours, as that is despicable behaviour. It is the kind of thing any local journalist worth their salt should love to get stuck into.

    As his next of kin I closed his bank account as well as notifying dwp etc of his passing and his sister the main funeral arrangements. The only bank statement I have is from the day he passed up to the account closure and DD details. His remaining money is sitting in my account. I’m waiting to see if there's any over payments due from his benefits, also there were debt letters I need to go through.
  • Skiddaw1 wrote: »
    I'm with Malthusian. Seriously, make a formal complaint and threaten to involve your MP and local press if HA continue to put pressure on you.



    Sorry you're having to deal with this on top of losing your dad.

    I’m seriously considering making a formal complaint, especially with the way I was spoken to. If could find a way to clear out his flat I would have done so. There’s no one else that can help me now.

    Thank you
  • Malthusian
    Malthusian Posts: 10,898
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    Kezzy41 wrote: »
    As his next of kin I closed his bank account as well as notifying dwp etc of his passing and his sister the main funeral arrangements. The only bank statement I have is from the day he passed up to the account closure and DD details. His remaining money is sitting in my account. I’m waiting to see if there's any over payments due from his benefits, also there were debt letters I need to go through.

    You have intermeddled and will need to finish what you started in administering the estate. That was information we could have done with from the beginning.

    You have violated your duty as administrator by putting the estate's money in your account before paying off all the creditors; until the estate is distributed it should be kept separate from your own money.

    The creditors will need to be paid off in a strict order, and if there is insufficient money to pay all creditors who are next in line, they will need to be paid in proportion to their debt. If there are potential debts that you don't yet have a number for (e.g. overpayment of benefits) and potentially not enough money in the estate to pay them, you should not pay other creditors until you are certain of all the amounts due.

    Initially you are not personally liable for the estate's debts; however administrators can become liable for the estate's debts by failing to follow their duties.

    You should take professional advice from a solicitor as soon as possible. If this is not possible because there are no funds, try Citizen's Advice.

    I withdraw what I said about the housing association's behaviour being despicable as I didn't know at the time that you had illegally transferred the estate's funds into your own account before settling the estate's debts. Whether you become personally liable, or whether you are still able to settle the estate's debt as administrator, it's going to come out of your account either way. So they are correct that you are going to be charged (although right for the wrong reason).

    This may sound harsh but I'm simply stating the facts without judgment. There is no such thing in law as next of kin, and you were free to arrange the funeral, bill the funeral expenses to the bank, and walk away. However that is now spilt milk.
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