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Insolvent estate

(12 Posts)
dietstartsmonday Thu 25-Feb-16 20:22:43

Hi I need some advice e.
My dad has very recently passed away.
I have found his will and he has appointed a solicitor as executor.
However he had an IVA and was very poor, so I would imagine that his estate will be insolvent.
So will we need to pay this solicitor for administration ad I simply do not have the money. As have had to cover the funeral already

Collaborate Fri 26-Feb-16 12:55:40

Why bother administering the estate? The solicitor won't do it, as they won't get paid. In such estates you only need to get probate if there is, say, a house that needs selling or transferring, or other investments for which you need probate. In such a case, it's in the creditor's interest that probate is obtained, so they should be the ones to do it or fund it.

dietstartsmonday Fri 26-Feb-16 14:11:26

Thank you for your response. So what do I need to do. Just inform all parties?

Collaborate Fri 26-Feb-16 14:42:21

It would be nice of you to do so.

caroldecker Fri 26-Feb-16 14:46:16

The estate is responsible for paying the solicitor - if she/he doesn' want to do it, they must renounce the position. They cannot demand money for the work from relatives.

dietstartsmonday Fri 26-Feb-16 14:53:04

Ok thank you both. Never had to deal with this stuff before. Solicitor eas unhelpful when I spoke to her.
Dad was disabled on benefits no assets and 1 cc debt. So I will inform all and leave it at that . Hopefully that will be ok

QuerkyJo Fri 26-Feb-16 16:07:33

Have you applied for a grant towards your funeral expenses.look on line as it seems you should be entitled to a grant from what you say.

dietstartsmonday Fri 26-Feb-16 18:19:14

I thought that was only if I was on benefits which I am not. But will double check. We are lucky that dad had a funeral policy but as he took it out some time ago it only covers half the costs. But is helpful

QuerkyJo Fri 26-Feb-16 21:23:21

I did not know you had to be on benefit. I thought it was if the deceased was on benefit. My mistake. Sorry for your loss.

dietstartsmonday Sat 27-Feb-16 00:25:39

I may be wrong so will look I to. Thank you for your help. I appreciate it at this hard time

NNalreadyinuse Sat 27-Feb-16 00:38:01

When my mil died insolvent, I was advised by MN not to get involved in dealing with her affairs beyond sorting the funeral and returning property that wasn't hers (keys to rented house for ex). Apparently if you start trying to sort out bills, you are deemed to have taken responsibility and can therefore make yourself responsible in a legal sense. I forget what the exact term is.

I even got a tax return from hmrc for my mil, as if I was going to fill that in - I had no idea what she earned or what tax she owed. I sent it straight back. Her bank tried to get me to sign papers accepting the costs incurred by the bank if they dealt with any of her creditors. Again, I refused. Be careful because everyone will try to make it your responsibility.
All you should do is let people know, cancel pension payments and sort funeral. If his home is rented then you should clear out personal stuff because it the home will need yo be returned to the owner but other than that, do nothing. Dont attempt to pay any bills.

dietstartsmonday Sat 27-Feb-16 01:59:53

Thank you. His flat was rented and we had to clear within a week so that's done

I will just let people know and leave it there

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