Dead Mothers Debt

[Info Bank]

A Friend of mine has recently lost his mother.

She Died 3 weeks ago.

She Moved from Scotland and moved home on a regular basis.

All over England.

Very complicated. But she seems to have had little contact with my friend .

Basicaly she has left a lot of debt.

My Friend is worried creditors will come after Him for the debt .

�20+ Thousand.

Can they claim it from him ???.

[Barmaid]

The debts of the deceased are payable by the deceased's executors out of the deceased's estate. So if the deceased left assets, they should be applied to the debts first before distributing the remainder under the will or intestacy.

However if the deceased left only a small amount of assets and the estate is insolvent, there is a strict statutory order for the payment of those debts. Failure to follow that order could make the executor personally liable.

Your friend should not worry about being chased for his mother's debts he has no personal liability out of his own assets for them.

[Info Bank]

I think she had no will and nothing to leave as she basicaly as it sounds lived from area to area for very breif periods of time.
It was the council who eventually manged to trace my friend not lawyers or friends Ect.

He missed the funneral and although he loved his Mother he has a family and Mortgage of his own and is very worried he may have to pay a bill so large he could never do this and may loose his home.

I did say to him to join this forum and ask but he was not so sure.

[factor-fiction]

Agree with the above answers (Barmaid is an expert on these things.)
Things could be a bit more complicated though if the creditors believe she disposed of assets prior to her death rather than after her death via her estate

[dzug]

Well the creditors may well try it on but he's under no liability to pay nor indeed to do anything about sorting out the estate. If the creditors think it worth while they will apply for Letters of Administration themselves - the most your friend should do is sign the Probate Office forms authorising them to do so.

[sandmaster]

The information supplied is vague, which is understandable. But your friend is certainly not liable to repay his mother's debts from his own resources. Her creditors can only act against her estate - and it sounds as though that will be futile. As said by someone else, creditors may try to contact him for repayment but he must stand firm and refer them to whoever is dealing with the estate.

[LoftyLottie]

Just to add that creditors will certainly try it on (as others have said) but your friend must just stand firm.

We even were chased for electricity debts and by the District Council for council tax arrears (and they sent bailiffs around to us) when my Mother in Law died in debt some years ago. So even so called reputable creditors will try it on. Unfortunately, many people do not realise that they do not inherit debts.

[factor-fiction]

agree with the above, but just to clarify LoftyLottie's point- the estate can inherit debts and is liable to pay them provided there is enough in the estate.

As an example, if someone dies leaving assets valued at �30,000 and debts of �10,000, the Executor has an obligation to pay the debts before distributing the balance (�20,000). If the �30,000 assets are distributed in full and the �10,000 debts are not paid then the executor can become personally liable for the debts.

So debts can sometimes be inherited.
I'm sure Barmaid can explain it better.

[LoftyLottie]

I agree with you factor 30. But if there are no assets then the debts have to be written off, which is what happened in our case. MinL died owing thousands, so her will was invalid her debts remained unpaid.

[Info Bank]

Thanks to everyone who has posted a responce.

I explained to my Friend all of the above via E-Mail and phone calls.

Seems like he has been getting Letters from Northhamptonshire council.

Seems that She was Living there for aprox 3 years .

Exempt from Council Tax and rent for some reason.

What they want now is cost of removing items (everyday living stuff) from the house , However as i previousey said .

Lots of debt Credit cards ,Loans Ect.

Basicaly it was a council house with no Cash .

I think that if any savings ......paid for the Cremation.

But my friend is still concerned that Credit companies who seem to have traced him will want payment .

He has also said that another one of his brothers has been receiving the same phone calls and letters.

[LoftyLottie]

Councils are the worst offenders for trying to get money. Tell your friend to write to Northamptonshire County Council saying that his mother died leaving no assets and in debt and that he is not responsible for her debts. He should ignore any letters from credit card companies

Was there a will or did she die intestate.However, it would be worth your friend taking advice from the Citizens Advice Bureau.

This may help

http://www.moneysupermarket.com/COMMUNITY/foru ms/t/inheriting-debt-16711.aspx

As Barmaid has said, your friend and his siblings should not be worrying about this. As I said, I have been in this situation and it worried me too.

[factor-fiction]

Was there an executor and probate? The probate form should act as evidence to creditors that there isn't enough in the estate to pay these debts. But if there isn't probate or evidence it is understandable that the creditors will keep asking for the money and will want evidence before giving up, and they will track down family members. This is because there must be quite a few estates where sufficient assets are left but people still try to fob off the credit card companies etc. I know that's not the case here and in loftylottie's case but the creditors aren't to know that until they get evidence.

[themas]

Above all, your friend & his brother must not allow themselves to be harassed or bullied into paying money which they do not owe & which they have no legal responsibility for. (Barmaid's post is quite right.)

Some creditors (or their debt collectors) can become very aggressive, & can adopt a rather cavalier attitude to the legalities. Iit can be necessary to be very firm with them. If necessary, look at the OFT Debt Management Guidelines (OFT site) & make it clear to the creditors if they are breaching them. Try to keep any contact in writing (always keep a copy).

[Marijn]

Sorry to use this thread Infobank, but I'd like to ask you a question about BSL, is that ok?

[Info Bank]

Hi Notafish no problem hope i can be of some help.

[Marijn]

Hi Infobank, thank you for letting me use this thread. I passed my BSL level 2, yippee! I wondered if you knew if there was a standard rate for BSL interpreters/communicators. If there isn't a standard rate, do you know what to expect per hour for this job, cos I haven't got a clue.

[Info Bank]

I would contact your local Council....R.N.I.D... Deaf Connections ect also Banks Ect as you would be sef Employed you can state your rate of pay normaly �40.00 per hour plus traveling expences.
Whe we used the interpreting service they would have a Charge of �40.00 per hour but the first hour would be �80.00 and �40.00 per hour thereafter.

Level 2 is not normaly regognised as Interpreture level but many organisations will acept that level However (Im in Scotland) you cannot do any legal work where i live.

Great news that you passed im so happy for you.

Told you to take it easy and talk about holidays ec and about keeping Calm.

[Info Bank]

Just thinking about my last post on here to you that is what organisations are charged from the Deaf organisations.

You decide what you would work for per hour say �20 - �30 .00 per hor send your info to banks , Mortgage lenders , Lawyers Ect when i say law info i ment work in a law court with level 2 sign ...Just thought i would add this....I have been out of the loop for a few years now and wish i was not.
Again Good Luck and contact me anytime.

[Marijn]

Thanks a lot for your answer. I work for a college where I sign for a student who is deaf, who is now studying English and art. The college are paying me teaching assisstant rates, and up until now I have only had level 1 BSL. Now I have qualified at level 2, the college would like to pay me as an interpreter/communicator. So, what do you think the hourly rate would be for that? Your help so far has been much appreciated. Thank you for your support and advice before the exam. I did sign about holidays for my presentation. :-)

[Info Bank]

You work for a collage at the moment.

There funds are limited Maybe an Annual salary is the way to go on this ....It very much depends on your contract....Say for example you want a Salary of �21500.00 per year.
You would need to find out if that salary is acceptable by the Collage.
Or you for that matter.
You could be asked to help with many students during the year.
Would you be paid during holidays???

You would be able to determin a few factors but be aware somone with the same Quallification may undercut what you would work for.

[Marijn]

Hi Infobank, at my college, I'm the only member of staff who signs. I only work 8 hours a week as that is the only time they need me. I get paid per hour. Only for the time I'm there. I don't get paid for holidays or if I'm at a doctor's appt, for example. So an annual salary doesn't apply to me, I really need to know what my hourly rate would be. What do you think?