My dad is 69, he's been his brothers carer for many years. My uncle lived in a warden aided place around the corner from my parents, dad did all his shopping and looked after him (uncle had learning difficulties). Unfortunately, uncle was taken into hospital this year, and never came out, dying in May. Dad has had to pay for the funeral and do all the sorting out of the house my uncle was living in, been told by the housing place to remove all the furniture, all the carpets etc. Dad has yet again expressed his concerns that the house is very damp, and the person who came to see my dad agreed. There was a fixed date for dad to return the keys (not expired yet). Anyway, dad has received a letter this week asking him for money because "four weeks notice was not provided to end the tenancy agreement". Can they do that? Dad was never the person paying the rent, the rent was part of uncles benefits. Am going to phone up on Monday on behalf of my dad, I don't think its fair he has to pay for the property; a) how the heck do you give four weeks notice before you die and b) the house was in poor condition anyway and the housing association hadn't completed their promises to resolve the damp. Am I fighting a losing battle?
No, no estate at all. He's never worked (except some time in the 60's when he worked in a bottle factory). He lived until '98 with my family along with his mother, and when she died he wanted to live by himself, so my parents arranged for him to be able to move into the warden aided place around the corner from them. The benefits uncle received paid for the rental of the property, and dad did all his shopping for him and all the looking after of him. Uncle didn't "own" anything as such.
Dad was going to pay, mum was telling him not to, he showed me the letter this afternoon and I in my two-weeks-post-birth-of-baby hormonal state have told him theres no way he's paying (especially after footing the bill for the funeral, which has already got my dad in a panic about if/when something happens to him and how mum will pay for the funeral etc). Will ring up on Monday.
Thanks - its been a bit of a nightmare for my dad to be honest, all the paperwork and stresses from people not knowing left from right (the housing benefit was stopped because he went into hospital, so the housing association chased dad for payment, he had to get in touch with the benefit people given that uncle was just sick and hadn't gone into hospital to die as such). Shall get it sorted on Monday hopefully!
Uncle was, but dad isn't (had a private pension) and when he rang the benefits people, they said because dad himself wasn't on benefits (even though uncle was) dad had to foot the bill for the funeral. Which I didn't think was correct. I may look into that on monday too.
I think funeral grants are only available to the people arranging the funeral, it is not done on the income of the person who has died. So in effect, getting this help is dependant on your dad's finances, not your uncle's. That's the situation as I understand it.
They might have legal recourse against your uncle's estate (nothing in this case) but I can't see that they can have any recourse against your dad. Perhaps they wrote to him assuming he was the executor? Maybe he should write back saying they seem to have got the wrong person as he is not executor of your uncle's estate?
I'm currently dealing with my dad's estate, which involves a lot of unpaid debts, including outstanding rent to a housing association. Basically none of his debts are mine, they are all of the estate, and the first priority is funeral expenses, after which creditors get paid in proportion out of what's left. So if, for example, your uncle had an estate worth £3000, the funeral cost £2000, and there remains £5000 of debt, then the funeral expenses get deducted first, and the remaining £1000 gets split in proportion amongst creditors, who each receive 1/5th of what they were owed.
The main thing is THE DEBT IS NOT YOUR DAD'S! Neither is the funeral expense, unless there was insufficient money left over to cover that, in which case family either pay it or let the council deal with it.