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Liability of Executors

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I am an executor, along with my nephew, on my mother's estate. I live in the US which makes it difficult as I'm on an 8 hour time difference. Currently we are awaiting a grant of probate which will allow us access to remaining funds in my mother's bank account. I have notified all creditors I can think of, but am not having response from the largest, which would be the local authority and the nursing home where my mother spent her last three months. I also had written to BT telecom and asked them to discontinue service and send a final bill into the other executor who lives in London. Turned out he got a bill for 8 pounds threatening him with debt collectors and and a bad credit report. As it was only 8 pounds he paid it from his personal funds to avoid further harassment. I am concerned that other creditors may make claims for large amounts which we cannot pay until the probate office and bank release funds. As a US citizen I am not personally liable for any debts due the estate, but I am concerned that my nephew could suffer harrasment and damage to his credit report under the laws of the UK. If that is the case as BT Telecom have claimed, could he resign his position as executor and thus release himself from all liability?

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An executor is not personally liable for the deceased debts unless they execute the estate incorrectly. You are legally entitled to challenge all creditors to prove that a debt legally exists, that it is enforceable and that they have the right to collect. This could take a year or more and you would be perfectly within your rights to withold any payments for a year or more until the estate is finalized.

 

You have acted correctly in contacting the creditors you are aware of, but it would also be worthwhile making a public announcement in the local paper or the London Gazette inviting creditors to make contact. In that way you cover your own backs if there are any future claims from creditors. The cost of this is deductable from the estate as are any legitimate expenses you incur so keep records and receipts.


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Thanks for your advice. We placed a public announcement in the Gazette within two weeks of the death. My mother owned her own flat in a block which was managed by the local authority and her share of common roof repairs was owing. I cannot find out details and a recent online search of Land Registry records does not show any liens. I still have had no response from the local authority as to monies owed, same goes for the care home.

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I still have had no response from the local authority as to monies owed, same goes for the care home.
I'm not certain but I believe that since you've notified them & made a public announcement if they do not make contact for 366 days they will lose any rights to claim from the estate, no doubt someone will confirm or refute this. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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