How long can debts be chased on a deceased person estate?
Discussion
Partners mother died a few months back, and we had to sort out all the finances. She was in a care home and the sum total of her estate was about 26k.
When she died my partner contacted all people concerned and asked for final bills, including the care home. When we got the final bill she rang and asked 5 or 6 times if this was the final bill and there was nothing else to pay (I was witness to this).
Once everything was paid for, and the funeral taken care of, the money was divided in the family as per her mothers wishes.
Yesterday her brother got a letter saying there was another £1800 invoice to be paid, even though they explicitly said the previous bill was final.
Where do we stand on this (assuming the debt is legitimate)?
Its going to look pretty crap going back to the grandkids to ask for money back.
When she died my partner contacted all people concerned and asked for final bills, including the care home. When we got the final bill she rang and asked 5 or 6 times if this was the final bill and there was nothing else to pay (I was witness to this).
Once everything was paid for, and the funeral taken care of, the money was divided in the family as per her mothers wishes.
Yesterday her brother got a letter saying there was another £1800 invoice to be paid, even though they explicitly said the previous bill was final.
Where do we stand on this (assuming the debt is legitimate)?
Its going to look pretty crap going back to the grandkids to ask for money back.
So we can't distribute the funds for 6 years in case someone comes knocking?
The was no formal will, only what we had been told by both parents when they were alive. All they had was a bank acount with the cash in it, no property etc.
We contacted benefits, pensions etc and though we had everything sorted. What would happen if they had asked for the cash to be given to a charity and we no longer had any way of getting it back?
The was no formal will, only what we had been told by both parents when they were alive. All they had was a bank acount with the cash in it, no property etc.
We contacted benefits, pensions etc and though we had everything sorted. What would happen if they had asked for the cash to be given to a charity and we no longer had any way of getting it back?
The reason that I asked about the will is that if you were official Executors, then you would have a legal duty to ensure that all debts are paid off before distributing any money.
I was referring to the usual six year rule regarding debt, but if the care home are aware of any money left after death, they may try to recover any debt they feel is owed to them.
I'm a named Executor on a friend's will and I won't be rushing to hand out any money to his Daughter, until I know that I've done everything possible to pay any debts and recover any monies due.
I know that there will be pressure to pay his Daughter, but I reckon six months to a year would be realistic to do it properly.
Tim
I was referring to the usual six year rule regarding debt, but if the care home are aware of any money left after death, they may try to recover any debt they feel is owed to them.
I'm a named Executor on a friend's will and I won't be rushing to hand out any money to his Daughter, until I know that I've done everything possible to pay any debts and recover any monies due.
I know that there will be pressure to pay his Daughter, but I reckon six months to a year would be realistic to do it properly.
Tim
With agreement and co-operation from all parties it may well be possible to distribute the estate without getting Probate but it would still be essential for there to be clear evidence that all outstanding bills have been paid, and all savings/bank accounts/other income identified.
Presumably, somebody was responsible for checking all the credits vs debits in order to get a final figure that could be distributed. I would have expected that person(s) to have obtained written confirmation of the state of each debt/utility/bill/care home etc.
Presumably, somebody was responsible for checking all the credits vs debits in order to get a final figure that could be distributed. I would have expected that person(s) to have obtained written confirmation of the state of each debt/utility/bill/care home etc.
98elise said:
So we can't distribute the funds for 6 years in case someone comes knocking?
The was no formal will, only what we had been told by both parents when they were alive. All they had was a bank acount with the cash in it, no property etc.
We contacted benefits, pensions etc and though we had everything sorted. What would happen if they had asked for the cash to be given to a charity and we no longer had any way of getting it back?
Who obtained the Letters of Administration?The was no formal will, only what we had been told by both parents when they were alive. All they had was a bank acount with the cash in it, no property etc.
We contacted benefits, pensions etc and though we had everything sorted. What would happen if they had asked for the cash to be given to a charity and we no longer had any way of getting it back?
PurpleMoonlight said:
Robertj21a said:
It sounded to me that they didn't go through that stage at all - hence my earlier comments. I may be wrong, but that's how I read it.
I suspect you are correct.In which case they have acted unlawfully.
Robertj21a said:
With agreement and co-operation from all parties it may well be possible to distribute the estate without getting Probate but it would still be essential for there to be clear evidence that all outstanding bills have been paid, and all savings/bank accounts/other income identified.
Presumably, somebody was responsible for checking all the credits vs debits in order to get a final figure that could be distributed. I would have expected that person(s) to have obtained written confirmation of the state of each debt/utility/bill/care home etc.
That's exactly what we did.Presumably, somebody was responsible for checking all the credits vs debits in order to get a final figure that could be distributed. I would have expected that person(s) to have obtained written confirmation of the state of each debt/utility/bill/care home etc.
My partner contacted the care home to deal with the final bill. She asked them multiple times during the conversation if this was the final bill. The bill arrived and it was paid. Every utility, debt, overpaid pension etc that was owed has been paid. All banks, agencies etc have been informed.
With a line drawn under it the money was distributed as per her mothers and fathers wishes. About a month later the care home want another £1800.
If we have to pay it so be it, but unfortunately my partner no longer has her bit (it was put into her pension) so it looks like will be footing the bill.
B
Sod the law (legally you probably owe them) go emotional.... It's been shared with the deceased grand children, lay it on a bit etc. etc.... Even if they don't reduce the bill make them feel s
te!
98elise said:
That's exactly what we did.
My partner contacted the care home to deal with the final bill. She asked them multiple times during the conversation if this was the final bill. The bill arrived and it was paid. Every utility, debt, overpaid pension etc that was owed has been paid. All banks, agencies etc have been informed.
With a line drawn under it the money was distributed as per her mothers and fathers wishes. About a month later the care home want another £1800.
If we have to pay it so be it, but unfortunately my partner no longer has her bit (it was put into her pension) so it looks like will be footing the bill.
What has the Care Home said when you questioned them about the issue they've caused by wrongly saying the previous bills was full and final?My partner contacted the care home to deal with the final bill. She asked them multiple times during the conversation if this was the final bill. The bill arrived and it was paid. Every utility, debt, overpaid pension etc that was owed has been paid. All banks, agencies etc have been informed.
With a line drawn under it the money was distributed as per her mothers and fathers wishes. About a month later the care home want another £1800.
If we have to pay it so be it, but unfortunately my partner no longer has her bit (it was put into her pension) so it looks like will be footing the bill.
Sod the law (legally you probably owe them) go emotional.... It's been shared with the deceased grand children, lay it on a bit etc. etc.... Even if they don't reduce the bill make them feel s
te!My mother died a couple of months ago and I sorted out all of her affairs. It was relatively simple as she left no will and her house was rented. There was only me as next of kin following my brother's death last year (it's been a marvellous 12 months) but I didn't bother with probate or letters of administration (never heard of them before today).
I closed her bank accounts (death certificate was enough for this) and arranged for final bills for utilities, rent, etc and to repay overpaid pensions from the DWP. I hope I've not acted illegally. I don't expect anything else to come out of the woodwork now, certainly not 4-figures worth, so I passed the remainder of her estate on to my wife who has all sorts of investments going to cover university fees for our kids (my mother's gramdchildren of course).
I closed her bank accounts (death certificate was enough for this) and arranged for final bills for utilities, rent, etc and to repay overpaid pensions from the DWP. I hope I've not acted illegally. I don't expect anything else to come out of the woodwork now, certainly not 4-figures worth, so I passed the remainder of her estate on to my wife who has all sorts of investments going to cover university fees for our kids (my mother's gramdchildren of course).
Silverage said:
My mother died a couple of months ago and I sorted out all of her affairs. It was relatively simple as she left no will and her house was rented. There was only me as next of kin following my brother's death last year (it's been a marvellous 12 months) but I didn't bother with probate or letters of administration (never heard of them before today).
I closed her bank accounts (death certificate was enough for this) and arranged for final bills for utilities, rent, etc and to repay overpaid pensions from the DWP. I hope I've not acted illegally. I don't expect anything else to come out of the woodwork now, certainly not 4-figures worth, so I passed the remainder of her estate on to my wife who has all sorts of investments going to cover university fees for our kids (my mother's gramdchildren of course).
Thats pretty much how it worked for us. When we contacted the bank they said we didn't need probabte for that level of funds, just sight f the death cert, and proof of ID. I closed her bank accounts (death certificate was enough for this) and arranged for final bills for utilities, rent, etc and to repay overpaid pensions from the DWP. I hope I've not acted illegally. I don't expect anything else to come out of the woodwork now, certainly not 4-figures worth, so I passed the remainder of her estate on to my wife who has all sorts of investments going to cover university fees for our kids (my mother's gramdchildren of course).
No organisation involved in the process either mentioned or asked for anything other then the death certificate.
98elise said:
Silverage said:
My mother died a couple of months ago and I sorted out all of her affairs. It was relatively simple as she left no will and her house was rented. There was only me as next of kin following my brother's death last year (it's been a marvellous 12 months) but I didn't bother with probate or letters of administration (never heard of them before today).
I closed her bank accounts (death certificate was enough for this) and arranged for final bills for utilities, rent, etc and to repay overpaid pensions from the DWP. I hope I've not acted illegally. I don't expect anything else to come out of the woodwork now, certainly not 4-figures worth, so I passed the remainder of her estate on to my wife who has all sorts of investments going to cover university fees for our kids (my mother's gramdchildren of course).
Thats pretty much how it worked for us. When we contacted the bank they said we didn't need probabte for that level of funds, just sight f the death cert, and proof of ID. I closed her bank accounts (death certificate was enough for this) and arranged for final bills for utilities, rent, etc and to repay overpaid pensions from the DWP. I hope I've not acted illegally. I don't expect anything else to come out of the woodwork now, certainly not 4-figures worth, so I passed the remainder of her estate on to my wife who has all sorts of investments going to cover university fees for our kids (my mother's gramdchildren of course).
No organisation involved in the process either mentioned or asked for anything other then the death certificate.
Others reading this may well find that it does NOT apply in their circumstances - i.e if there is a house involved or the savings are more significant.
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