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Executor liability of old debt ...


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Hi everyone ... first post to what looks like a truly helpful forum.

 

My son-in-law died in February of 2003 and my daughter, at the time thought she had cleared off all out-standing debt ... she was still living in Scotland and he was working and living in England at the time of his death.

 

Now today we recieved a letter ... out the blue, from Oriel Collections asking that we (as Executors) ring them, as all they are asking for at this stage is "confirmation" that the amount (5360.64 in respect of OPEN AND DIRECT SPOT 1) be included in final settlement of the estate and offering condolenses "at this time".

 

This is a lightning bolt and has distressed my daughter enormously ... as there is no estate left ... and she is now worrying if she has any liability for this.

 

I have looked through various legal and advice sites but it is difficult to find easy information so we ask if any of you kind people here can assist us ... we just need to know what to do for the best.

 

I told her just to ignore it ... it has taken them SEVEN years to present this supposed debt and we most probably have little or no paperwork pertaining to the estate easily to hand anymore.

 

Thanks ... and apologies for initially posting this in the wrong forum ... newbie mistake ... :confused:

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I don't actually know whether limitation applies to claims under an estate in the same way as any other claim, but 7 years is taking the mickey and I doubt they seriously expect anyone to pay up.

 

I would also be inclined to ignore it and see if they contact you again.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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If there is not enough money in the estate to pay the debt, the creditor cannot recover the debt from anyone else.

The normal period for claims on an estate is six months.

 

I would not go down the Statute Barred Route with this one, it is reasonable to say that anyone who wishes to claim on an estate cannot wait seven years to process it.

 

Personally, I would write to the company outlining the situation and make it clear that the debt is not your daughters responsibility.

 

I am quite sure this one will simply go away.

Edited by Crocdoc
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Thanks for that ... my daughter rang the collection agency and told them that he died seven years ago, and the lady was kind enough to explain that they had not been informed of the date of death and had they known it was so long ago would not even have opened the case.

 

She apologized (profusely) and told us there would be no further communication from them ...

 

Case closed ... just wish it was as easy for some of the cases I have been reading about here ... truly shocking the way some are treated.

 

Thanks and wish everybody well in their own ones .... thank you.

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