debt of deceased

lolo2210
lolo2210 Posts: 4 Newbie
in Bankruptcy & living with it
My father died this year, owing more money than he has. He has no will and no personal representative. Are Link Financial likely to take his estate to court for some of his monies? They are by far the worst creditors I have spoken to. They are sloppy, lose communications and say they haven't received things. If they want to make a claim, they will need to petition a court. Does anyone know Link Financial?

Comments

  • Silvertabby
    Silvertabby Posts: 9,013 Forumite
    First Anniversary Name Dropper Photogenic First Post
    edited 20 May 2018 at 9:22PM
    My sympathies.

    There's a very strict order of payments when an estate won't cover all outstanding debts. If you are going to administer his estate, then you will need to be very careful.

    Citizen's Advice will give you the exact details but, from memory the list starts with:

    Mortgage

    Funeral expenses

    Secured Loans

    Council Tax

    If there's no money left after this, then Link Financial can go swing.

    If Link Financial are harassing you, then just tell them that the estate is insolvent and that you will contact them in the unlikely event that there is any money due.

    I assume that he didn't own a house?
  • antrobus
    antrobus Posts: 17,386 Forumite
    Insolvent estates
    https://bereavementadvice.org/topics/probate-and-legal/insolvent-estates
  • dawyldthing
    dawyldthing Posts: 3,438 Forumite
    They say to just leave the estate alone if they owed money. I'll find you a link as your on the wrong thread. Sorry for your loss
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
  • dawyldthing
    dawyldthing Posts: 3,438 Forumite
    https://forums.moneysavingexpert.com/showthread.php?t=5790889
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
  • Keep_pedalling
    Keep_pedalling Posts: 16,587 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Silvertabby wrote: »
    My sympathies.

    There's a very strict order of payments when an estate won't cover all outstanding debts. If you are going to administer his estate, then you will need to be very careful.

    Citizen's Advice will give you the exact details but, from memory the list starts with:

    Mortgage

    Funeral expenses

    Secured Loans

    Council Tax

    If there's no money left after this, then Link Financial can go swing.

    If Link Financial are harassing you, then just tell them that the estate is insolvent and that you will contact them in the unlikely event that there is any money due.

    I assume that he didn't own a house?

    The order is actually

    Secured loans (including mortgages)
    Funeral expenses
    Unsecured dept
    Beneficiaries

    Unsecured dept includes council tax and utility bills, but if he was not living alone then the council tax and water bills will end up being the responsibility of the joint occupier, and if the property was jointly owned they they also become responsible for energy bills as well.
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