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Estate, Executor Duty, Loans, Debts Priority

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  • Estate, Executor Duty, Loans, Debts Priority

    If a person has died, little assets, monies, a family loan still outstanding, a creditcard debt outstanding, does the Executor, pay the family loan agreement 1st, then if anything left over, pay the credit card debt! after all the main priority debts have been paid, if not enough money then, cedit card would be from a insolvent estate, Just need some help and advice please
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  • #2
    All debts must be paid equally pro-rata. If the executor does otherwise, he/she risks personal liability to other creditors.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      This explanation about insolvent estates in England might be helpful.

      https://www.bereavementadvice.org/to...lvent-estates/

      https://www.thegazette.co.uk/all-notices/content/104115
      Last edited by PallasAthena; 28th August 2024, 06:46:AM.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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      • #4
        OK as of up to date, top priority costs deducted from what the estate is, not much value, there is over 1500.00 negative, so cant pay some other family loan or card debts, card debt being the top of the lis I assume. So basacilly, estate has no funds to pay the debts, any advice please

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        • #5
          No money from estate no pay anyone or is there money to come from somewhere?

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          • #6
            Which "top priority costs" have you paid?
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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            • #7
              As of up to date, Funeral costs, related costs, some very small amounts recieved from accounts who paid money owed, but still not enough to cover the deficit, which didnt cover the full costs, so nothing to pay debt company

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