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Deceased Mother and a court order

9 replies

BillyNotSilly · 23/09/2022 20:18

Mother died in 2020, I paid off her debts shortly afterwards.

we lived in same block of flats - someone moved in a month after she died. Today a letter from HM Courts and Tribunals in the foyer. She owes £700 doesn’t specifically say what for. Are boxes that could be ticked - council tax and various driving offences but none ticked.

I called as her NoK and told can’t say what it’s for GDPR but send a copy of the death certificate to them.

checked the company online and all above board, they are the debt collector for the Court service.

as her NoK an i responsible for this debt???

I paid al her council tax and she never drive/owned a car so I am completely stumped by what this is.

wouldn’t the courts/council check out council tax arrears. I even received a £29 rebate on the council tax as it had been over paid

the envelope had a section stating time and day delivered by hand (not filled in). Maybe the person in the flat now just left it isn’t he foyer. It’s annoying

OP posts:
canihaveawineyet · 23/09/2022 20:20

No, her estate is responsible for any debts but not you personally

BillyNotSilly · 23/09/2022 20:32

Her estate paid of the debts and then the rest was inheritance for me and my 4 siblings. Wouldn’t the fact that we inherited money (£1500 each) mean we are now liable for this mystery debt?

OP posts:
Yesthatismychildsigh · 23/09/2022 21:01

Yes, you’d each have to pay 1/5 of the money if it doesn’t get written off.

Yesthatismychildsigh · 23/09/2022 21:03

As there was enough money to cover the debt in her estate, which you received. If you hadn’t received anything then her debts would have died with her.

BillyNotSilly · 23/09/2022 21:28

2 and a half years on for her death - wonder what would have happened if I’d just left the letter where I found it!

OP posts:
prh47bridge · 23/09/2022 22:59

The answers from @Yesthatismychildsigh are wrong.

As the estate has been distributed, the executors are liable, not the beneficiaries. If the executors placed a statutory notice in the London Gazette and a local newspaper for a minimum of two months, no-one is liable. In that situation, whoever is claiming this debt has missed the boat.

Yesthatismychildsigh · 24/09/2022 11:03

prh47bridge · 23/09/2022 22:59

The answers from @Yesthatismychildsigh are wrong.

As the estate has been distributed, the executors are liable, not the beneficiaries. If the executors placed a statutory notice in the London Gazette and a local newspaper for a minimum of two months, no-one is liable. In that situation, whoever is claiming this debt has missed the boat.

Apologies. I know you know your stuff. But at least I’ve learned something, and that sounds more promising for OP.

prh47bridge · 24/09/2022 14:29

Yesthatismychildsigh · 24/09/2022 11:03

Apologies. I know you know your stuff. But at least I’ve learned something, and that sounds more promising for OP.

TBH I was a little harsh, for which I apologise. In many cases, the beneficiaries are also the executors, and many executors don't bother with the adverts. In that situation, you would be right. The failure to advertise would mean the debts still existed and, as the beneficiaries were also the executors, they would have to pay.

Yesthatismychildsigh · 24/09/2022 18:53

prh47bridge · 24/09/2022 14:29

TBH I was a little harsh, for which I apologise. In many cases, the beneficiaries are also the executors, and many executors don't bother with the adverts. In that situation, you would be right. The failure to advertise would mean the debts still existed and, as the beneficiaries were also the executors, they would have to pay.

I didn’t think you were harsh at all.

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