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Insufficient funds in deceased's estate to pay bills - advice please.

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  • Insufficient funds in deceased's estate to pay bills - advice please.

    First of all ... apologies if this isn't the most appropriate place on the forum for this topic.

    My Mother passed away 3 years ago and I am the sole executor/beneficiary of her Will. Her entire estate consisted of the flat which she was purchasing with a mortgage loan (ie: she had no savings/investments or valuable property.)

    After years of struggling, I have just found a buyer for the flat and the conveyancing is in progress. However, once I have the funds from the sale and the mortgage debt has been repaid, there will not be enough to pay all the organisations who have a monetary claim on the estate.

    The main claim on the estate is from 'the management team' of the block of flats ... they are insisting upon full payment of 'services charges' despite the fact that the flat has been uninhabited for several years (Mum was moved to a Nursing Home some years prior to her death, due to severe health problems). The service charge is a whopping £450/month (that's not a typo!) ... so the charges have accrued over the years to a colossal amount. (The whopping service charge is the reason why it has taken me so long to find a buyer for the flat!)
    Other organisations with a financial claim are 'ScottishPower' (a small outstanding electricity charge, approx. £25) and an amount owed to the DWP (to recoup an overpayment of 'benefit' when Mum first went to the Nursing Home, approx. £100).

    So what do I do please? Do I pay each organisation a proportion of what they're owed ... or is there a list of 'priorities' with regard to who gets 'first dibs' of the money?

    Incidentally, I have sought advice about challenging the service charge ("unfair terms in contracts") as it includes things like 'water rates' and 'domestic services' which of course Mum didn't benefit from during the latter part of her life ... but I have been advised that it would be a very costly process, and there is no certainty that I would 'win'.
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  • #2
    Re: Insufficient funds in deceased's estate to pay bills - advice please.

    Hi, sorry to hear of your loss & do appreciate your quandary.

    Although it seems you will not gain anything by being a beneficiary, do be careful on how you settle, or attempt to settle, your mum's estate as you may become liable if you don't do it properly.
    Have a read here http://www.bereavementadvice.org/pro...entestates.php and then if you want return for more advice or seek help from a professional.

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    • #3
      Re: Insufficient funds in deceased's estate to pay bills - advice please.

      There must be an order of Priority for the Deceaseds debts

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      • #4
        Re: Insufficient funds in deceased's estate to pay bills - advice please.

        Thanks ever so much des8 ... I found the link extremely useful. I think it would be best if I saw a solicitor about this as the 'management team' of the flats are indeed very hostile/aggressive people.

        This may seem a strange question, but what is the best way of finding a 'good' solicitor who deals with this sort of specialism?
        I've not had cause to seek legal advice before, so I don't have any experience of local legal firms.
        The person who is doing the conveyencing of Mum's flat has pointed out to me that there were several 'oversights' made by Mum's solicitor when she first purchased the flat in 1997 ... and I would hate to find myself in a position where I've hired a similarly not-very-competent person to deal with the tricky aspects of dispersing the estate. (NB: the conveyancing person deals solely with property conveyancing, so dispersing the estate isn't something that she can advise me about).

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        • #5
          Re: Insufficient funds in deceased's estate to pay bills - advice please.

          It's in the link

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          • #6
            Re: Insufficient funds in deceased's estate to pay bills - advice please.

            Originally posted by wales01man View Post
            There must be an order of Priority for the Deceaseds debts
            Yes, there's a list of priority on the 'bereavement advice link'.

            Comment


            • #7
              Re: Insufficient funds in deceased's estate to pay bills - advice please.

              You can search here: http://www.lawsociety.org.uk/find-a-solicitor/ to find firms in your area that deal with Wills & Probate.
              Then read this site to find out how to appraise them and decide which to use: http://www.sra.org.uk/consumers/usin...solicitor.page

              Comment


              • #8
                Re: Insufficient funds in deceased's estate to pay bills - advice please.

                Although the matter is technically quite simple, I suspect that this 'management team' will turn nasty, and may very well start trying to harass you. As des8 suggests, this will require a firm response from a legal professional to see them off.

                It will be money will spent, I think.

                Comment


                • #9
                  Re: Insufficient funds in deceased's estate to pay bills - advice please.

                  .... and as testamentary expenses are third on list after secured creditors and funeral expenses, it possibly won't cost you anything.

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                  • #10
                    Re: Insufficient funds in deceased's estate to pay bills - advice please.

                    Many thanks des8 ... your advice is much appreciated.

                    Actually I'd like to make a donation to the site for the help received ... not sure how to do this though?

                    Comment


                    • #11
                      Re: Insufficient funds in deceased's estate to pay bills - advice please.

                      Oh just a PS to anyone who finds themselves in a position of being asked to be the executor of a near-relatives estate ... it may seem like a good idea while the person is still alive (and maybe even something of an honour), but in fact having to deal with what can be fairly complex legal matters at the same time as dealing with bereavement and the ensuing grief is actually a nightmare!

                      When I tried to relinquish my role as executor I was told that I couldn't, because I'd already applied for probate. So the thing is ... if the named executor thinks that he/she isn't going to be able to cope, they need to relinquish the role before probate is granted. (This info came from my local C.A.B office).

                      Comment


                      • #12
                        Re: Insufficient funds in deceased's estate to pay bills - advice please.

                        You can join our VIP forum area if you would like to and Thank you.

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                        • #13
                          Re: Insufficient funds in deceased's estate to pay bills - advice please.

                          Yep..you're stuck as executor, but to clarify you can instruct a solicitor to do the work

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