My Brother died leaving large debts - any advice really welcome

[enaid]

Re: My Brother died leaving large debts - any advice really welcome

There are Insurance policies for executors, no harm in having a google see if they are of any use to you (but do read them carefully).
Your main priority is has been said the C/Tax and utility bills, I am wondering if they had a note of your brothers condition as they have not been as heavy handed as one would expect owing so much.
Whoever the companies are, they should have a probate dept and maybe a good idea to contact them instead of just customer service.

[Tools]

Re: My Brother died leaving large debts - any advice really welcome

I agree, probate dept is definitely the right people to be speaking with, they are specially trained to deal with this kind of thing

[MIKE770]

Re: My Brother died leaving large debts - any advice really welcome

Our consumer service has handled more than 2,000 problems with back-billing since April, making it the fourth-biggest energy issue dealt with by the consumer service."
The rule about back-billing is simple: you are obliged to pay for energy you have used but suppliers must follow certain rules about how far back they can bill you.
In short, they are not allowed to charge you for energy used more than 12 months ago if "the supplier was at fault for not having sent a bill to the customer". But the time limit only applies if you have made efforts to contact your supplier or provide them with correct meter readings.
"It is important for customers to know that, depending on the circumstances, you might not have to pay the full bill, for example if you've not received a bill or request for a meter reading but have been asking your energy company to send one," said Ms Guy. "And if you can't afford to pay the catch-up bill suppliers should offer you a payment plan that allows you to repay any debt over the same length of time that it has built up."
Meanwhile, The Independent and Policy Review Intelligence is

Maybe relevant:- i..e. past 12 months etc just a thought\//\/\

[des8]

Re: My Brother died leaving large debts - any advice really welcome

You are correct in that the posting of advertisements only protects the executor from personal liability, and claims can be lodged against the beneficiaries.
s 27 of the Trustee Act 1925:Protection by means of advertisements
"but nothing in this section—
(a)prejudices the right of any person to follow the property, or any property representing the same, into the hands of any person, other than a purchaser, who may have received it;"

However if the position of the beneficiaries has changed (eg the benefit has been used) the creditor will be unable to obtain settlement of the debt

Under the rules of intestacy your parents will be the sole beneficiaries and if their position has changed the creditor could, if you failed to protect your position as executor, pursue you for their dues.
It all depends on your parents not disposing of the estate, and coming to your rescue if the unfound creditor pops up!

[Recently_Bereaved]

Re: My Brother died leaving large debts - any advice really welcome

Thank you to all of you who have posted.

I will contact the probate departments of the various utilities and see what they say as I was really hoping we could hold on to the flat. We certainly have lots of supportive medical evidence as to his poor health but I suppose what will be will be.

My parents were intending on gifting me the flat once they had inherited it back and as such unless someone advises me as to another good reason I think I probably won't put an advert in the gazette. I hope all this does not sound to callous and trust me I am devastated...I had no idea how complicated all of this was and it is difficult to do when you are grieving but it kind of serves as a distraction....thanks again to everyone....this is a great community you have......... and any further thoughts would be welcomed.