Council chading for deceased father's debt?

[Judah12]

My father's died 4 years ago and the council are chasing him/us for care home fees.*

He was on benefits and he fees were being paid from his benefits. When he died his benefits stopped.

Can you still chase a deceased person or the family for a debt and if there is no estate?? He left no money.

[luxardo]

If the debts were all in his name and he left no money or assets it's game over.
Are they chasing you or are the demands in the deceased name ?

[Judah12]

Because he went into a home and became incapable of managing his own affairs. I paid his care home fees with the money they put into his account through his account as he could not do it anymore. I managed his money in his last days but never paid as myself. They have found my address and email and are now writing to and emailing me asking me to prove he had no monies.

[Judah12]

How should I tespond to them? Should I even respond to them?

[luxardo]

I assume there is no will ? In this case next of kin need to apply for probate. Form PA1 on the gov.org website. If he left nothing then you don't need to bother but it's free to apply for if estate is less than 5000 quid. It does tie up any loose ends like the council problem. Personally I wouldn't bother but it's up to you.

You say he had a bank account, what are you or have you done about this and any other accounts he had ?
If there is no*money in it I would simply write to the bank enclosing a copy of the death certificate and tell them the account holder is deceased and here is proof. If you want access to it you need to apply for probate. I'd tell them in the letter you do not intend to file for probate.(If you*decide not to).
If there is no money there is no point.

As far as the council are concerned I'd*ignore them. The debtor is deceased and left no money or estate. Let them chase probate if they want.
They will probably keep sending you mail which may be distressing so I would send them a copy of the letter the bank replies to you with.

[Judah12]

Thank you so much. Very helpful

[ostell]

So send the council the last few pages from the bank account and reiterate that no money is available from the estate and you have no liability for the debts of your late father.

[luxardo]

Yes, also send the bank a copy of death certificate, state you will not be seeking probate and send any letter the bank sends back to you to the council as well.