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Intestate, debt, access to assets

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  • Intestate, debt, access to assets

    My daughter died recently. She had a live-in boyfriend, but no legal standing between them. I am acting as PR to wind up her estate. There was no will, and on accessing her bank I find debts on old credit cards, and to debt handling agencies. Her current balance is negligible (with outstanding negative equity). It turns out she was paying all the bills including the boyfriends phone contract and calls. Sadly he is being uncooperative as regards her assets which we have been trying to access for valuation. As it stands the estate cannot begin to meet costs of the most simple, basic cremation. He is accessing her phone and will not release it, he has various items that were gifts to her as well as items she has bought (and probably got into debt over). What is the best way to proceed? I was going to try to wind up her estate without a solicitor since the estate is already insolvent. Do I need letters of Administration? Is there any way I can access her goods? All he has released to us are superficial items. Anything of monetary or sentimental value cannot be found or he is refusing to provide or give details of to allow valuation. Any suggestions please? I want to get on and grieve for my daughter..
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  • #2


    Condolences on your loss.

    . The rules for dealing with insolvent estates are complex, and the possibility of personal liability is high if a mistake is made.

    An insolvency administration order is required from the court before the estate can be dealt with. It is generally applied for by the deceased’s personal representative ,the appointed estate administrator.
    Once the order is made a trustee is appointed to deal with the estate

    There is a strict order of priority for paying creditors


    Others will advise that you just show creditors the fact the estate is insolvent, and they will write off the debt.
    This is not necessarily so, though it often does work.
    You also have the problem of an uncooperative third party viz the boyfriend, who is retaining some of her assets (value unknown?)

    I would certainly advise at least obtaining professional advice about the viability of dealing with the estate yourself, before proceeding

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