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Dad Recently Passed Away with No Will

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  • chrisb1357
    chrisb1357 Posts: 836
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    Hi all,


    I have been going though some papers and found written notes my dad made a few months back tonight and it seems half of the debts are in just my mums name and other half in my dads with an estimated balance of around 30K but that was from hand notes my dad had written at the end of 2015 not from creditors letters.


    Does this mean to still pay the DMP payment of £30 a month as some are in my mums name.


    I have typed up all the letters tonight to the creditors ready to go out in the post tomorrow asking for updated balances and details of whats outstanding.


    Next task is contacting the pensions he had and inform them and also I have spoke to his work and they are contacting the death in service insurance regarding if the payment is to the estate or direct to mum.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    chrisb1357 wrote: »
    Hi all,


    I have been going though some papers and found written notes my dad made a few months back tonight and it seems half of the debts are in just my mums name and other half in my dads with an estimated balance of around 30K but that was from hand notes my dad had written at the end of 2015 not from creditors letters.


    Does this mean to still pay the DMP payment of £30 a month as some are in my mums name.


    I have typed up all the letters tonight to the creditors ready to go out in the post tomorrow asking for updated balances and details of whats outstanding.


    Next task is contacting the pensions he had and inform them and also I have spoke to his work and they are contacting the death in service insurance regarding if the payment is to the estate or direct to mum.
    You really need to find out which debts are in your mum's name and those in your dad's name. If the £30 is in respect of your mum's name then that probably needs to continue. I can't emphasise enough how important it is to get a clear picture of who owes what. Also you need to be very careful you don't do anything that might make you liable.
  • mum2one
    mum2one Posts: 16,279
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    edited 6 June 2016 at 11:10PM
    You really need to find out which debts are in your mum's name and those in your dad's name. If the £30 is in respect of your mum's name then that probably needs to continue. I can't emphasise enough how important it is to get a clear picture of who owes what. Also you need to be very careful you don't do anything that might make you liable.

    I second what you have been told here, I appriciate that your trying to do you best and what what is best for your mum, but you have to thread so carefully - as you could leave yourself open to admitting the debt - and end up paying it yourself.

    I know from experience its not the best of situations my dad had about 9k of debt... theyve only recovered 4p from his bank account towards it.

    As I said earlier - just keep the letter simple,

    To Whom It May Concern

    I am son/daughter of Mr Joe Bloggs

    Account No 1234566

    This is to inform yourselves that Mr Joe Bloggs passed away on x/xx/xx

    Please find enclosed the death certificate.

    At present I have more information to give to yourselves.

    Thank You

    Junior Joe Bloggs

    (mother hen moment - do not use your signature - print in capitals).

    ..............
    They will reply back saying xx is owed / whether its a joint debt

    Credit cards - there is 1 account holder - any extras such as your mum is just an additional card holder, your dad could have had 10k limit - never used the card - but over the years your mum booking exotic holidays / renting sports cars / spent 9.5k, and dad spent £500 on a lawnmower

    Dads Alive - he is responsible for the debt - mum pays if she wants to

    Dads passed - the debt stays with him - your mum is not legally liable to pay 1p back.

    .......
    Bank Loan - Dad signs for 5k loan, mum blows it on designer clothes

    Dad Alive - hes liable - mum doesn't want to pay - so what - not her prob

    Dads passed - the liability his - mum not legally liable

    ...
    Joint Loan

    They borrow 20k and buy a touring caravan

    Alive - there both liable for the 20k repayments

    Dads passed - as was joint - then your mum becomes fully liable.

    .....
    Assume there all with the same bank - 35k been spent - only mum left - shes only liable for 20k spent on caravan
    ...
    The bank still has 15k gone... there going to hope that a nice family member (yourself) or next of kin (your mum), would feel generous enough to pay it back...


    (apologies for the daft explanation - just to show how easy you could get pulled in to it.

    .............

    I can presume you have access to bank records, - from my impression Stepchange want this £30 payment (by hook or by crook), (if was me)

    I would go through bank statements and see exactly how much goes to stepchange - if its just £30 - I would assume the debts are only your dads, over £30 then maybe there are joint deaths

    ..
    Think of it like having a car accident - you never admit liability - therefore until your given any other information - dont give any more info that what is needed

    .........................

    The pensions / death in service - with my dads private pension, I need to send in my mums birth certificate as well as the death cert, I have had to order a birth cert (£10 - apr 15 days wait) - it may be worth looking for your mums
    xx rip dad... we had our ups and downs but we’re always be family xx
  • chrisb1357
    chrisb1357 Posts: 836
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    Would it be ok that we print her name on the letters instead of signing.

    My letters I have typed up and enveloped and sealed tonight for her may be to complex than the sample letter you put above and she also signed these with her signature. Do I re do them all again
  • mum2one
    mum2one Posts: 16,279
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    chrisb1357 wrote: »
    Would it be ok that we print her name on the letters instead of signing.

    My letters I have typed up and enveloped and sealed tonight for her may be to complex than the sample letter you put above and she also signed these with her signature. Do I re do them all again

    It sounds like your letter could be too complex, I would use my sample letter, keeps in professional but also the bare bones of what they need,

    If your the one representing Dad then you won't need mums signature on them, at the moment its a paper exercise, just to cover the death cert.

    Without sounding daft, i can say do this / dont so that as I'm not emotionally attached to your family / situ, so its like looking at things with a new pair of glasses,

    I've had to toughen up when my Dad passed, as mum has never dealt with any money etc over the years, and the stunt the LLoyds tried to pull on me (get a loan in my name to pay the credit card dept), I was luckly as his other creditior - were greatm and advised what to do with their paperwork - applied same principle.

    Your doing a great job x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • getmore4less
    getmore4less Posts: 46,882
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    Keep it simple,

    This stage is notifications of death and inquiries to establish which debts were mums and will need to be followed up and which were dads and need to potentially sit pending a full picture of the estate.

    DO NOT give any indication you may be administering the estate.

    Some will ask for a estate inventory don't be hasty to tell them anything once you have the detail of the debt.


    Does mum not know about her debts?
    Did she not get involved in the DMP if she has some debts?

    It could well be that Dad tried to not have her worry about it with the I will sort it.

    I think for mum you may want stepchange/or yourself to ask the creditors to put the payments on hold or take token(£1pm) payments while you sort out mums new budget.(with £30pm payment on £30k they may already be token payments) this is something to look at over the next week or two as the picture becomes a bit clearer.


    Paying the £30 could mean that some of dads debts get a bit paid off but in the big scheme of things that is a relatively small amount.


    IT might be worth a look at the debt free wanabee board and get an idea of how to do SOA and budgeting this will be needed if the DMP is to continue.

    This would have been done for the current DMP, would be really handy to find that or get a copy off stepchange as that will give a picture of the the finances to work from


    Personal liability for debts is a very low possibility just don't start administering the estates(just asking about liabilities is fine) and if you do decide to administer(something to consider much later) don't distribute anything till very sure who gets what.

    If an administrator distribute wrong that's when the liability can occur if they can't get it back.

    Another area that might need attention is utilities, are these in single or joint names, any of them in the DMP or arrears.

    Also benefits have M&D been claiming anything, this will need review and some find the agencies you have to deal with not easy.

    You seem to be getting things in hand but BE prepared for delays in responses, dealing with this stuff tend to turn into a frustrating waiting game as you try to collect the info.
  • chrisb1357
    chrisb1357 Posts: 836
    First Post First Anniversary Combo Breaker I've been Money Tipped!
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    Hi all,

    Thanks for all the support so far and am trying to take in all the advice.

    I have re done all the creditors letters using the simple example on the above posts as my own letter was to complex and sounded like I was taking on the administration.

    To Whom It May Concern
    Account Ref: XXXXXXXX
    I am the wife of xxxxxxxx and I would like to inform you that XXXXXX passed away on the 18th May 2016.
    Please find enclosed a copy of the death certificate and at present I have no more information to give to your yourselves.

    Letters going out to them all tonight in the post including the same letter to StepChange for the DMP.

    Also I have asked his work about the death in service and they said that this is paid out to my mum not the estate which is 1 & 3/4 his annual wage.

    Next task is for me to do letters to the pensions and work on getting my mums incoming and outgoing sorted for a month or two. I found folders with pension details in so will type letters to these this week.

    We have also used the TellUsOnce service which informs agencies, DWP, Council etc. Mum was on her own ESA benefit but they had joint council tax and housing benefit which I have already been in contact with the council about. Forms in the post for us to complete a new claim for mum.
  • mum2one
    mum2one Posts: 16,279
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    Thats a godsend the one for all service.

    re council tax - dont be alarmed - but your recieve a new bill for the remaining elements of the year at the full council tax rate, what you need to do is ask the council tax for a new claim form, even thou they have all the infor from when it was a joint claim,

    Simple thing would be - right joe bloggs passed away, mrs bloggs info the same at mo,lets just send review her info send a note any changes let us know... NO... they close the claim and you have to start again.

    You mention housing benefit - even if it is a council house - (again mother hen moment) I would send a letter saying the claim is being reassed based on your mums income - that way they know whats going on,

    Thats good news that the money goes direct to your mum, again she will not be liable for debts in your dads name only.

    The insurance money will go to mum in the same process,

    The letters sound perfect x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • getmore4less
    getmore4less Posts: 46,882
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    Don't forget single person discount on the council tax if that now applies
  • mum2one
    mum2one Posts: 16,279
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    Don't forget single person discount on the council tax if that now applies

    Unless the Op lives there ? x
    xx rip dad... we had our ups and downs but we’re always be family xx
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