in law death and debt

[one england captain]

hi .

my father in law died suddenly last week

..and going through all his paperwork we found he owed over 15k to various things

provident. shopacheck various mobile phone companies virgin media ... gas and electricity .

 

. when we phoned electricity company to say he had died they said we were liable for the debt .. is this true ?

 

i always presumed to debt died with the person .

.. bad enough we have to pay for his funeral let alone all this any advice will be helpful

[Bandit127]

I am not an expert and I don't know the priorities in this situation, but I think funeral costs are a priority over anything else

 

I do know the following:

The debt does not die with the person.

The debt can be claimed from their estate. It is up to creditors to do that.

Once the estate is wound up that is the end of it. Any debt remaining unpaid is exactly that. Unpaid.

You are not responsible for the debts. Neither is anybody else. Only the executor has any responsibility and that is only to administer the estate.

 

Hopefully an expert will be along to give you more details.

[unclebulgaria67]

I am not an expert and I don't know the priorities in this situation, but I think funeral costs are a priority over anything else

 

I do know the following:

The debt does not die with the person.

The debt can be claimed from their estate. It is up to creditors to do that.

Once the estate is wound up that is the end of it. Any debt remaining unpaid is exactly that. Unpaid.

You are not responsible for the debts. Neither is anybody else. Only the executor has any responsibility and that is only to administer the estate.

 

Hopefully an expert will be along to give you more details.

 

I think you have summed it up quite well. nobody is normally* personally responsible for debt soley owed by a relative. If there was any joint debt or anyone living in the house, they will have some responsibility. Any joint named debts ? Anyone living in the house using water, gas/electric ? You can be liable for utility bills simply by living in a house using the services.

 

*The executor can be held liable for debts, if they don't exercise their duty as executor properly. If they are aware of debts, but don't use the deceaseds estate to settle them, they can be personally liable. If there is no money to cover debts, the executor should draw up an account showing what was left by by deceased i.e an asset and liability account. Depends on how complicated it will be, as to whether to use a Solicitors.

 

http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/dealing_with_the_financial_affairs_of_someone_who_has_died.htm

[Andyorch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[steampowered]

Sorry to hear about your loss. Basically, the funeral costs and costs of administering the estate get paid first. The debts from any assets in the estate get paid second. The descendants get paid third.

 

If there is not enough money in the estate to pay the debts, then the beneficiaries are not liable however the beneficiaries will not receive any distribution. The creditors will receive whatever is left of the estate and will have to write-off the rest of the debt. If the beneficiaries won't be getting anything from the estate anyway you may as well get a solicitor to administer the estate for you (given that the fees would essentially come out of what will be paid to the creditors).