DO WE PAY THIS DEBT?

[Blankuser1992]

Get the snacks ready because this is a semi long story.... So my great aunt recently passed away. She basically raised me for the last 25 years and spent the last 6 months in a care home.

She passed away very recently and I've come back to help her biological daughter (who is in bits) to plan the funeral and help.

My great aunt was 86 and her daughter is 66 ish (not good at birthdays).

So yesterday my cousin ( great aunts daughter lets call her Carole ) for a letter from our council in regards to a bill from the care home.

This letter demanded £5000 (roughly) for the cost of the care up to the point my G aunt died.

Now, carol doesn't have that and she certainly doesn't have it spare each month!

So my great aunt was paying for her own time in the care home with her three pensions etc , which we have now stopped after informing tax office(S) of her passing and showing the death certificate.

Carole's name isnt on any of the bills and they don't have her account details, she never signed anything in regards to the home and my great aunt didn't state that Carole would be liable to pay.

So what are we to do? It's not up to Carole to pay her mums debt surely!?

In my great aunts account there's just over a grand left but she had no savings etc to pay it off with.

So I'm at a loss of what to do when they eventually write to Carole again! Where do we stand? Who should we call?

Help

What's happening with her estate? Was there a will?

No its not up to Carole to pay from her own pocket. She does need to pay it from the estate if there is any

The care homes contract was with your great aunt, not Carole. Maybe your great aunts estate is liable, but not Carole.

I think the money has to be taken from the estate to pay debts then anything else written off. So the bill needs to be passed to the solicitor.

I’m very sorry for your loss. 💐

Sorry blank, why would Carole need 5k every month or have I read that wrong?

Also, when the GA finances got down to a certain amount ( can't remember the exact figure) I'm sure the state take over paying for care. Obvs only applicable in Eng

What Gin said. It’s a debt of the deceased and therfore needs to be settled from the estate. If there’s not enough money to pay it then that’s tough luck for creditors.

It’s probably about a month or 6 weeks of care home provision looking at the amount.

Estate pays it if there is any. Then written off.

Pass the letter to the solicitor dealing with the estate, and let the council know that you have done so.

Why assum there is a solicitor dealing with the estate?

Oh, lost an e

Who are the executors of the estate? If she was paying from her pensions would those have covered the cost until her death? If not are there assets (ie. House or savings) which would cover any outstanding amount.

Why assume there is a solicitor dealing with the estate? Because that's what most people do when someone dies, isn't it?

Much easier all round, and far less likely for things to go wrong, especially if the will needs to go through probate or if the person died intestate.

If your g aunt has any estate it is to be payed from that, any debts g aunt had are to be paid from estate, years ago some debt use to go to next of king but new laws stopped that, if she hasn't got any estate or amount of debt exceeds the estate you pay what you can from estate & rest gets written off

1. is there a valid will
2. are there executor/s appointed
3. are there assets - house/flat, shares, etc

Individuals are not liable for the bills, if no will have a consultation with a lawyer

Well no, it isn’t actually custarddinosaur.

It’s certainly more common for large or very complicated estates. Many people choose not to spend money on a solicitor to be executor of the estate or to arrange probate unless they have good reason.

If your aunt had very little in the way of savings then the Local Authority would have paid the balance of care home fees after taking her pensions including state pension ( leaving her with approx. £25.00 spending money per week. Your cousin needs to find out who was paying the balance of care home fees when your aunt went into care. If for example pensions were £300 per week and care home fees were £800 per week then £5000 would be 10 weeks care. You need to find bank statements etc. I would assume that the Local Authority need to pay the outstanding £5000 unless there is a property to be sold or a life assurance policy.

I'm sorry for your loss.

The debt would be paid from your great aunt's estate though, and if there's more debt than there is money to pay it then it's too bad. They can't come after Carol r you for any surplus.

Yes it does need to be paid, its for aunts care up to the time she died. Really beggars the question , what would have paid the bill ( and the subsequent ones )had aunt not died?

is there property involved?

It isn't Carole's debt. They may try to bully her into taking responsibility for it, but she can tell them to stuff it.

As others have said, any debts must be paid from the estate, if there is one, but Carole herself does not bear any personal responsibility for this.

(Something similar happened to a friend of mine when her shiftless, idle estranged father died owing thousands on credit cards that various banks and building societies had allowed him to have and to max out. He didn't own his home, had no assets whatsoever, so the creditors came after his daughters who refused (quite rightly) to have anything to do with it.

At some points they were very threatening, but fortunately my friend and her sister knew where they stood legally and told them so,

Me myself would never use a solicter when dealing with someone's estate after personal experience & others stories unless stated in the will they are to used & have it in my own will as a request no solicter is to be used, you don't have to use a solicter, yes its easier to appoint one so things get explained to you if you don't understand it & they deal with it but all they tend to do is drag they feet & raise every possible thing they can just to get as much out of you as possible in they fees even when you say that isn't a issue & never will be they keep on, not that I would recommend this to anyone thats they own decision but for myself & my family no we don't use one anymore

Your aunt was solely responsible for the bill; it will come out of her estate if it exists. Pass the letter on to the person handling the estate.

Do not pay it. Tell Carole not to pay it.

I also assume a probate solicitor is used in the vast majority of deceased estates, especially one like this where the lady was likely insolvent/bankrupt at time of death due to this bill.

What 123rd said.
In England if she has savings less than £23,250 the council should be paying. Carol shouldn't be paying
www.moneyadviceservice.org.uk/en/articles/local-authority-funding-for-care-costs-do-you-qualify

Just because she's been sent a bill doesn't mean she's legally liable. Speak to an adviser at Citizens Advice who should be able to help her resolve the matter.