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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Are we now responsible for FILs debts now he's passed away?

303 replies

DebtAfterDeath · 26/07/2023 22:20

Really sorry, posted in legal but also here as i know traffic is heavier and i am desperate for advice.
FIL recently passed away ( 5 weeks ago).
Today my husband has found a letter from Ovo stating he owes £3600.
We also believe he had other debs and CCJs but we have no idea on the amounts.
My SIL used the Tell us Once service but Citizens Advise told me today they don't notify people he owes money to and that's our responsibility.
His only estate is the £6000 in his bank when he died (which the bank have already sent to SIL and she has split in half with my husband) and a potential £10k life insurance claim. He privately rented and had nothing else, no valuables and so on.
We are really worried that we may get chased up for money and Citizen's Advise have recommend we register his death in The Gazette. It's going to cost £100 to do it (fine). But nobody I'm talking to seems to have heard of this and are saying pretty much just leave it, he didn't own a lot anyway and this is more for people with large estates.
We want to do the right thing I'm just not sure what that is?
Also there is an option on The Gazette to use the forwarding address service so our address doesn't get disclosed but again this doubles the cost of the notice to almost £200 and we aren't sure how necessary it is
We are so clueless, I'd be really grateful for any advice. The lady at Citizen's Advice was lovely but admitted she got all her advice off the internet as it was a new one to her!
Thanks

OP posts:
Thread gallery
11
Blossomtoes · 27/07/2023 16:37

I don’t suppose OP is any less confused now. This thread is full of shit.

Watchkeys · 27/07/2023 16:38

Enjoy your wait, Weetypops.

ThreeLittleDots · 27/07/2023 16:42

The SIL and DH went to the bank together, and he presumably accepted the 3K with consent. It's being held by the administrators, albeit in separate accounts.

There's no need to open a separate account for the estate monies (though it can make it easier to keep track).

Simply, as long as all administrators are in agreement, there's no foul. Nobody has done anything wrong.

WeetabixTowels · 27/07/2023 16:44

This reply has been deleted

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WeetabixTowels · 27/07/2023 16:45

Blossomtoes · 27/07/2023 16:37

I don’t suppose OP is any less confused now. This thread is full of shit.

It really is. Some people have called OP a thief - the delusion about their knowledge is shocking and amusing in equal measure.

Soontobe60 · 27/07/2023 16:50

WeetabixTowels · 27/07/2023 13:09

I have to say I LOVE it when someone on a thread fucks up and tries to dig their way out of it looking like a total tit in the process. Especially when the fighting is “OMG you’re so obsessed with me”. you’ve given me a laugh if nothing else.

You do realise you’re on a thread about someone wanting advice following a close relative’s death don’t you?
Have a little respect and take your insults elsewhere.

WeetabixTowels · 27/07/2023 16:53

Soontobe60 · 27/07/2023 16:50

You do realise you’re on a thread about someone wanting advice following a close relative’s death don’t you?
Have a little respect and take your insults elsewhere.

Yes and after sharing the experience of my dad I was hugely and insensitively insulted and accused of committing crimes I didn’t commit. My post is in response to that, not the OP.

Watchkeys · 27/07/2023 16:58

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WeetabixTowels · 27/07/2023 16:59

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WeetabixTowels · 27/07/2023 17:00

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ALongHardWinter · 27/07/2023 17:01

My understanding is that creditors can claim from a deceased person's estate,if there are the funds for it. If there isn't,unless you are a guarantor or if the debt is jointly in your name,then you have no responsibility to pay it.

DebtAfterDeath · 27/07/2023 17:08

Thanks to everyone who has posted helpful advice- whether it be correct or not 😄 I appreciate people sharing their experiences.
On the advice of someone up thread I rang the co-op legal service number and had a 15 minute chat with a lady earlier. She was so helpful and has reassured us that we DIDNT need probate, the bank has done nothing wrong by sending his money over
She said keeping the money in 1 account would be easier but SIL and my DH are both classed as joint administrator's (one has taken on the funds and one ismanaging his creditors essentially). She said that splitting it isn't a huge issue providing that none is spent yet.
Agreed with the ad in the Gazette but advised we shouldn't just wait for the likes of ovo to come forward, we should contact them and anyone else beforehand.
On the back of this, SIL called ovo this afternoon who were apparently great and said they'd hand it over to another company but said its likely to get wiped (but couldn't guarantee it).
I think the 3 of us are feeling a lot less freaked out tonight.
Thank you again!

OP posts:
Watchkeys · 27/07/2023 17:12

Glad it's feeling more settled, @DebtAfterDeath

Did your DH agree to be administrator? He can back out if he doesn't want to be, and your sister is willing to take it on. It seems like your sister might have volunteered him as joint administrator without his knowledge, which would be a bit... controlling (?) given that she's taking action without knowing clearly what she's meant to do.

Highdaysandholidays1 · 27/07/2023 17:13

That's great, OP. I did not need probate for a very similar estate, and life insurance is sent directly to you as beneficiaries on receipt of a death certificate (not included in the estate). Small debts are usually written off and banks just send you the money as NOK under about 30-50k savings just as happened to you. All good!

ThreeLittleDots · 27/07/2023 17:17

It seems like your sister might have volunteered him as joint administrator without his knowledge, which would be a bit... controlling (?) given that she's taking action without knowing clearly what she's meant to do

Christ almighty. Why does there have to be a 'baddie' for people to enjoy laying into, in every single fucking thread?! Just making stuff up!

WeetabixTowels · 27/07/2023 17:22

ThreeLittleDots · 27/07/2023 17:17

It seems like your sister might have volunteered him as joint administrator without his knowledge, which would be a bit... controlling (?) given that she's taking action without knowing clearly what she's meant to do

Christ almighty. Why does there have to be a 'baddie' for people to enjoy laying into, in every single fucking thread?! Just making stuff up!

Some posters just do that for a hobby it seems - make stuff up.

OP glad you have clarity and hope your brain isn’t too mashed from this thread@

BadNomad · 27/07/2023 17:24

Watchkeys · 27/07/2023 17:12

Glad it's feeling more settled, @DebtAfterDeath

Did your DH agree to be administrator? He can back out if he doesn't want to be, and your sister is willing to take it on. It seems like your sister might have volunteered him as joint administrator without his knowledge, which would be a bit... controlling (?) given that she's taking action without knowing clearly what she's meant to do.

No one is controlling. This is just two people who don't know what they are doing. He became an administrator when he accepted money from the estate. If he doesn't want to be an administrator he can give the money back to his sister.

Watchkeys · 27/07/2023 17:38

BadNomad · 27/07/2023 17:24

No one is controlling. This is just two people who don't know what they are doing. He became an administrator when he accepted money from the estate. If he doesn't want to be an administrator he can give the money back to his sister.

No, this isn't accurate. You don't become an administrator because someone administrating the estate gives you estate funds. You become an administrator because you make a legally binding agreement to do so.

That's why I mentioned this, @DebtAfterDeath . There are legal implications to being administrator of an estate, and your husband seems to have had this foisted upon him, quite possibly unwittingly, by his sister. I'm glad you've got professional advice. Nobody responsible would neglect to question your SIL's actions, here, regardless of the drama that's being posted about there having to be a baddy, etc. I'm not trying to say she's a baddy.

Sorry for all the derailing. Having legally and successfully completed 2 rounds of probate, including property etc, myself, I'm aware of quite a few of the ins and outs, but, as I say, I'm glad you've had some professional advice, because this thread is a mess! Bereavement services at banks and utility firms are usually very helpful, and by finding out their number online, you can usually avoid phone queues. Tons of info here too
https://www.gov.uk/when-someone-dies

Best of luck, and sorry for your loss.

ThreeLittleDots · 27/07/2023 17:44

You become an administrator because you make a legally binding agreement to do so

This isn't the case.

Outwith applying for a Grant of Administration via the court of probate (this is only necessary where a bank / the situation demands one) the people dealing with an estate where the deceased passed away intestate, are deemed administrators via their actions, as confirmed by the advice OP has already received from an expert.

Watchkeys · 27/07/2023 17:48

You have to apply. DH will have the right to apply, but is not an administrator until he applies and is accepted.

https://www.bereavementadvice.org/topics/personal-representatives/how-do-i-know-that-i-am-a-personal-representative/

BadNomad · 27/07/2023 17:49

Watchkeys · 27/07/2023 17:38

No, this isn't accurate. You don't become an administrator because someone administrating the estate gives you estate funds. You become an administrator because you make a legally binding agreement to do so.

That's why I mentioned this, @DebtAfterDeath . There are legal implications to being administrator of an estate, and your husband seems to have had this foisted upon him, quite possibly unwittingly, by his sister. I'm glad you've got professional advice. Nobody responsible would neglect to question your SIL's actions, here, regardless of the drama that's being posted about there having to be a baddy, etc. I'm not trying to say she's a baddy.

Sorry for all the derailing. Having legally and successfully completed 2 rounds of probate, including property etc, myself, I'm aware of quite a few of the ins and outs, but, as I say, I'm glad you've had some professional advice, because this thread is a mess! Bereavement services at banks and utility firms are usually very helpful, and by finding out their number online, you can usually avoid phone queues. Tons of info here too
https://www.gov.uk/when-someone-dies

Best of luck, and sorry for your loss.

He has since agreed to hold the money which makes him an administrator. He is now aware that this money is not his inheritance but is in fact still part of his father's estate. The siblings are now holding the father's estate in separate accounts as joint administrators. It is clear neither of the siblings knew what they were doing when they did this.

ThreeLittleDots · 27/07/2023 17:51

You have to apply. DH will have the right to apply, but is not an administrator until he applies and is accepted

Please stop talking nonsense. There is no need in this case to apply for a grant of letters of administration, they already have the deceased'a assets.

Watchkeys · 27/07/2023 17:51

He has since agreed to hold the money which makes him an administrator

Can you find me a link where this is detailed? Genuinely willing to learn I'm wrong here, but AFAIA, accepting money from an estate does not make you an administrator of that estate.

Watchkeys · 27/07/2023 17:53

ThreeLittleDots · 27/07/2023 17:51

You have to apply. DH will have the right to apply, but is not an administrator until he applies and is accepted

Please stop talking nonsense. There is no need in this case to apply for a grant of letters of administration, they already have the deceased'a assets.

Whether they need it or not,

'Being an administrator is voluntary. No-one can force you to take up the role if you don’t want to or feel unable to do so' is quite clear from bereavementadvice.org

ThreeLittleDots · 27/07/2023 17:56

"'Being an administrator is voluntary. No-one can force you to take up the role if you don’t want to or feel unable to do so' is quite clear from bereavementadvice org"

What are you going on about?

Where in OP's description of how her DH and SIL went to register the death together, went to the bank together and have been searching for debts together, does she insinute that her DH has been forced into sorting out his father's estate against his will?

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