Death of relative with debts and CCJ's
Discussion
Hello everyone.
My father died yesterday, he had been suffering from cancer and diabetes complications, but unfortunately just after being released from hospital following some treatment he suffered a bowel obstruction and sadly died shortly after.
I have secured any and all paperwork I can find from his home, which he shared with his father, who owns the house outright. (my father paid no rent to him, nor I believe any household bills on an official footing except possibly broadband)
Whilst its good to have a hobby, it appears my fathers was collecting debts and CCJ's - these seem to stem mainly from parking fines, council tax, DART charge, etc. He has a mountain of paperwork regarding these - if nothing at least he was good at cataloging them!
I believe he also owes outstanding monies to HRMC, which I think may be a few thousand pounds. He also took out finance on a used car last year to the value of approximately 12k.
He is in receipt of his state pension, as well as a police pension that last year was split between my mother after their divorce that concluded last December. He owned no property nor had any savings (to the extent of my knowledge, and no sign of any in the effects).
He has left a will that names me as sole executor, and his estate to be left to me and my sister.
However, even before I can see his current financial records, I am expecting his estate to be insolvent.
Being as I will be not be registering the death until next week, and obviously will not have certificates of death until later, I am simply trying at the moment to begin to get a picture of options.
I understand I can discharge my responsibilities as executor as long as I have not began to do anything such as start settling debts etc, which a cursory google search would seem to regard as 'intermeddling' if I have to correct term.
However, I am concerned for my Grandfather, who is 91 and now lives alone, as I have found various paperwork suggesting CCJ's have been set against my father whist registered at my Grandfathers address, as well as evidence that at least one debt collection agency has visited the property.
I am resigned to the fact I may need specialst legal advice, but I was just posting in the hope anyone of the PH massive would have any experience either as a similar situation, or in a legal sense.
Thanks!
My father died yesterday, he had been suffering from cancer and diabetes complications, but unfortunately just after being released from hospital following some treatment he suffered a bowel obstruction and sadly died shortly after.
I have secured any and all paperwork I can find from his home, which he shared with his father, who owns the house outright. (my father paid no rent to him, nor I believe any household bills on an official footing except possibly broadband)
Whilst its good to have a hobby, it appears my fathers was collecting debts and CCJ's - these seem to stem mainly from parking fines, council tax, DART charge, etc. He has a mountain of paperwork regarding these - if nothing at least he was good at cataloging them!
I believe he also owes outstanding monies to HRMC, which I think may be a few thousand pounds. He also took out finance on a used car last year to the value of approximately 12k.
He is in receipt of his state pension, as well as a police pension that last year was split between my mother after their divorce that concluded last December. He owned no property nor had any savings (to the extent of my knowledge, and no sign of any in the effects).
He has left a will that names me as sole executor, and his estate to be left to me and my sister.
However, even before I can see his current financial records, I am expecting his estate to be insolvent.
Being as I will be not be registering the death until next week, and obviously will not have certificates of death until later, I am simply trying at the moment to begin to get a picture of options.
I understand I can discharge my responsibilities as executor as long as I have not began to do anything such as start settling debts etc, which a cursory google search would seem to regard as 'intermeddling' if I have to correct term.
However, I am concerned for my Grandfather, who is 91 and now lives alone, as I have found various paperwork suggesting CCJ's have been set against my father whist registered at my Grandfathers address, as well as evidence that at least one debt collection agency has visited the property.
I am resigned to the fact I may need specialst legal advice, but I was just posting in the hope anyone of the PH massive would have any experience either as a similar situation, or in a legal sense.
Thanks!
Edited by MillenniumFalcon on Friday 19th March 18:52
My uncle died recently and with no will I applied for a deed of attorney as my aunt was sole beneficiary to his estate.
About 3 months after setting everything I’ve the DWP on the case for an overpayment looking for multiple thousands from me even though I’ve settled the estate. Luckily my aunt hasn’t spent it all, otherwise...
The Spruce Goose said:
I wouldn't worry too much about granddad.
It might be good to get some help as it will be a tough time for you, and maybe not always good to go through your dad's stuff alone without support. He was your dad after all.
My thoughts too. It might be good to get some help as it will be a tough time for you, and maybe not always good to go through your dad's stuff alone without support. He was your dad after all.
Very sorry for your loss. Glad I had no pension when I was divorced / shafted.
Thank you for the replies.
I'm not alone, I have family to assist if required.
I'm fine, luckily my mum and sister share my sense of humour and we had a good laugh this afternoon about putting parking tickets on his coffin and having to get him wheeled out the back door if the bailiffs turned up.
He would have found it funny too.
In seriousness, neither me or my sister wanted or expected anything from him, hence why I would be prepared to renounce my role, but not if it means debt collectors are coming round to Grandads. So given that, wondered if anyone new how it works f there;s no executor or administrator on an insolvent estate.
I'm not alone, I have family to assist if required.
I'm fine, luckily my mum and sister share my sense of humour and we had a good laugh this afternoon about putting parking tickets on his coffin and having to get him wheeled out the back door if the bailiffs turned up.
He would have found it funny too.
In seriousness, neither me or my sister wanted or expected anything from him, hence why I would be prepared to renounce my role, but not if it means debt collectors are coming round to Grandads. So given that, wondered if anyone new how it works f there;s no executor or administrator on an insolvent estate.
There are plenty of dept support charities out there. It should not be to complicate for them and it won’t be anything they haven’t seen before.
Most likely if he has no assets then what little there is will go to pay the first thing that gets requested and the rest will have to be written off. There is a good chance most of them won’t even bother for that amount. If there is a CCJ they will just send a last letter saying “you must pay from the estate” and leave it.
When I did debt collection we sent a letter to “the executors of the estate of” and then wrote it off.
Most likely if he has no assets then what little there is will go to pay the first thing that gets requested and the rest will have to be written off. There is a good chance most of them won’t even bother for that amount. If there is a CCJ they will just send a last letter saying “you must pay from the estate” and leave it.
When I did debt collection we sent a letter to “the executors of the estate of” and then wrote it off.
Sorry about you dad.
I was executor for a fella, not a relative as such, he had been married to my grandmother. When registering the death I got 6 copies of the death certificate. He was in debt in several places, notably bank and credit cards. I wrote to them explaining he was dead and that I was acting as executor and that the estate was in debt and unable to settle the debt. Along with the letter I sent a copy of the death certificate and the most recent statement.
They all wrote back writing off the debt and closing the account.
All done by letter. I don't do call centres.
I was executor for a fella, not a relative as such, he had been married to my grandmother. When registering the death I got 6 copies of the death certificate. He was in debt in several places, notably bank and credit cards. I wrote to them explaining he was dead and that I was acting as executor and that the estate was in debt and unable to settle the debt. Along with the letter I sent a copy of the death certificate and the most recent statement.
They all wrote back writing off the debt and closing the account.
All done by letter. I don't do call centres.
Huntsman said:
Sorry about you dad.
I was executor for a fella, not a relative as such, he had been married to my grandmother. When registering the death I got 6 copies of the death certificate. He was in debt in several places, notably bank and credit cards. I wrote to them explaining he was dead and that I was acting as executor and that the estate was in debt and unable to settle the debt. Along with the letter I sent a copy of the death certificate and the most recent statement.
They all wrote back writing off the debt and closing the account.
All done by letter. I don't do call centres.
Sorry for your loss.I was executor for a fella, not a relative as such, he had been married to my grandmother. When registering the death I got 6 copies of the death certificate. He was in debt in several places, notably bank and credit cards. I wrote to them explaining he was dead and that I was acting as executor and that the estate was in debt and unable to settle the debt. Along with the letter I sent a copy of the death certificate and the most recent statement.
They all wrote back writing off the debt and closing the account.
All done by letter. I don't do call centres.
Good advice, and always ask for the certified copy death certificate sent back to you for recycling to the next creditor. They cost money to get.
Sorry for your loss.
Sounds like the ideal way to go. Enjoy retirement by basically spending it all and more.
Imagine a world where inheritance tax is 100%. You wouldn't bother with paying off your mortgage, you'd spend every penny on yourself or family and enjoy being alive whilst you could.
Or you could do what people do, save up for a rainy day, not realising that it's raining
Sounds like the ideal way to go. Enjoy retirement by basically spending it all and more.
Imagine a world where inheritance tax is 100%. You wouldn't bother with paying off your mortgage, you'd spend every penny on yourself or family and enjoy being alive whilst you could.
Or you could do what people do, save up for a rainy day, not realising that it's raining
Condolences. I came across this site some time ago ,whilst looking for help for my son.
https://www.consumeractiongroup.co.uk/index.html/
They offer honest advice with a decent selection of letters for every occasion.
https://www.consumeractiongroup.co.uk/index.html/
They offer honest advice with a decent selection of letters for every occasion.
Are there enough assets to cover the funeral? This is a priority over debts and ccjs. You can arrange and pay for a funeral using estate assets and register the death without being deemed to be inter meddling.
As others have said, if you are 100% sure the estate is insolvent renounce your executorship. Of course creditors may pester your grandad at his address so it may be best to write to them with a copy of the death certificate telling them the estate is insolvent and you are not administering it. (Get plenty of death certs when registering death)
As others have said, if you are 100% sure the estate is insolvent renounce your executorship. Of course creditors may pester your grandad at his address so it may be best to write to them with a copy of the death certificate telling them the estate is insolvent and you are not administering it. (Get plenty of death certs when registering death)
HocusPocus said:
Sorry for your loss.
Good advice, and always ask for the certified copy death certificate sent back to you for recycling to the next creditor. They cost money to get.
Sorry for you loss.Good advice, and always ask for the certified copy death certificate sent back to you for recycling to the next creditor. They cost money to get.
When my Father passed away 3 years ago, i was advised to pay for 10 copies of the Death Certificate.
I'm pretty sure these were available for 50 pence a copy.
Well worth the outlay to close accounts etc, several required a hard copy of the Death Certificate. I did actually get one or two back in the post but many weeks later , so only having the one document would have really lengthened the whole process.
nw28840 said:
Sorry for you loss.
When my Father passed away 3 years ago, i was advised to pay for 10 copies of the Death Certificate.
I'm pretty sure these were available for 50 pence a copy.
Well worth the outlay to close accounts etc, several required a hard copy of the Death Certificate. I did actually get one or two back in the post but many weeks later , so only having the one document would have really lengthened the whole process.
£11 per copy now! When my Father passed away 3 years ago, i was advised to pay for 10 copies of the Death Certificate.
I'm pretty sure these were available for 50 pence a copy.
Well worth the outlay to close accounts etc, several required a hard copy of the Death Certificate. I did actually get one or two back in the post but many weeks later , so only having the one document would have really lengthened the whole process.
Glad your sense of humour is helping at what must be a sad time.
You should indeed celebrate your fathers ability to die in debt, the worst thing to be is the richest person in the graveyard.
Suggest you just photocopy the death certificate and give your grandfather a pile of them to keep by the front door.
You should indeed celebrate your fathers ability to die in debt, the worst thing to be is the richest person in the graveyard.
Suggest you just photocopy the death certificate and give your grandfather a pile of them to keep by the front door.
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