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Question about order of priority when settling outstanding payments for a deceased person

17 replies

Itchybush · 13/10/2020 18:18

Df passed away 2 weeks ago and I am the only next of kin. He was 69, was receiving pension, dla, and direct payments that allowed him to employ a carer to provide palliative care in his home. He had a bank account that recieved these payments and wrote a cheque each month to pay his carer. He used an accountant to handle payroll, hmrc and his carer's nest pension. He had one other account that only had his pension and dla going into it. He lived in a HA home and had no assets.

After he passed, I have recieved lots of letters about outstanding payments such as a final hmrc payment, nest payment, overpayment of housing payment, and utility payments (sky, water, TV licence). His carer is also waiting for her final payment. I don't know exactly how much is in his bank accounts but from the latest statements I have found, it's not enough to cover all the outstanding payments and is around £2000.

What is the order of priority that I should follow? I have completed the closure form with his bank and they have said in around 10 days they will transfer his funds to me. Can I reimburse myself from the accounts for the funeral costs, travel costs and loss of earnings while sorting all this out? I have applied for the funeral payment but had to pay the crematorium fees upfront myself.I am a single parent on UC so this has all been incredibly stressful. His carer is also in a difficult position as she is waiting for her final payment and has had to claim UC. I read online on the coop funeralcare website that if I don't follow the order of priority then I could be held personally liable for the payments. Can the different organisations demand to see copies of my bank statements to see how I distribute the funds?

Thank you if you made it to the end of that ramble!

OP posts:
Howcanwehelp · 13/10/2020 18:22

Hi
Someone more knowledgeable will come along but its funeral costs first. If there's not enough for the funeral then no one else gets paid.

Itchybush · 13/10/2020 18:29

Thank you. The crematorium has been paid but not the funeral director. I have applied for a funeral payment from the government but it takes 2 to 3 weeks.

OP posts:
eleventylevennamechanges · 13/10/2020 18:33

As far as I am aware, based on legal advice I had when in a similar situation, the funeral costs are a priority.

After that it is up to all the other people to apply to court. Generally debts die with the person. You must send a death certificate to the relevant parties.

eleventylevennamechanges · 13/10/2020 18:36

HMRC are slightly different as you will be expected to fill in a tax return for the period up to and including his death.
I am sorry for your loss. It is a difficult time for you as his only relative.
Age Concern are very good for advice and support. Give them a call and they will help you.

Itchybush · 13/10/2020 18:49

@eleventylevennamechanges A tax return for my Dad? I have no idea about his finances. I have used the Tell Us Once service and his accountant has informed HMRC. When you say apply to the court, apply for what? His money will all be transferred to me so his accounts will be closed. There was no will and no assets so didn't have to do the grant of probate or act as executor of his estate. The bank said I'm his next of kin and that they'd close his accounts and transfer the money and I have to share it out. I have no idea how to do it Sad

OP posts:
AdaColeman · 13/10/2020 18:53

Age Concern have changed their name, now they are Age UK, your local Citizens Advice will also have some information, or Which may have a booklet available on what to do when someone dies, so worth a look at their website too.
Have a look at your own home insurance policy, sometimes they include a free legal helpline to give advice.

What a worry for you, and more so with all the extra restrictions in force now. So sorry for the sad loss of your Dad. Thanks

FlitterMouse · 13/10/2020 19:03

Sorry for your loss. How much do you need to pay the funeral director. I would pay that first, are they aware you are on uc and waiting for your dads money to be transferred. His accountant will know if there is any tax to pay. If you have copies of his utility bills can you contact them to ask if there will be any outstanding amounts to pay unless Tell Us Once covers the utility companies. Can his bank bereavement line offer you any advice.

eleventylevennamechanges · 13/10/2020 19:07

Sorry, I should have remembered that it is Age UK now.

Itchybush · 14/10/2020 09:28

@peeeas That's excellent, thank you!

So from that it looks like funeral, testamentary expenses (the £100 on train fares), his employee, then everything else.

OP posts:
ForensicAccountant · 14/10/2020 20:41

You Don’t have to accept your father’s inheritance especially if his liabilities exceed his assets.
Sorry for your loss.

Viviennemary · 15/10/2020 12:36

In your position I'd ask the accountant to deal with the financial side. If the debts exceed the £2k in the bank then is it wise to have that money transferred to you.

FabbyChix · 15/10/2020 18:38

Jesus he is deaf no one gets anything other than his career your debts die with you

FabbyChix · 15/10/2020 18:38

That’s dead and carer

ChaChaCha2012 · 15/10/2020 18:43

your debts die with you

The debts remain with the estate.

Accountants don't normally deal with estates, but any work they do will need to be paid for. It sounds like there are not sufficient funds to do this.

ChaChaCha2012 · 15/10/2020 18:45

Does the DWP payment cover the funeral fees? If so they'll get paid when you receive the payment. Also make sure he doesn't owe any money to the DWP, they will pursue you as executor if you don't.

bouncydog · 15/10/2020 22:57

Suggest you go over to the moneysavingexpert.com site as there is a thread on dealing with estates. Don’t, as somebody else has suggested just transfer the funds to you as any creditors have to be paid if there are enough assets in the estate, otherwise you can be held personally liable. I believe that the priority is funeral expenses, then there is a ranking order. E.g.if pension has been overpaid this would need to be refunded and HMRC are a priority debt. The people on the moneysavingexpert thread are excellent.

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