Work undertaken and now husband is deceased

[karenkerswell]

Yes I think I have it says that I have legal cover up to £50,000 for certain legal proceedings relating to your home, employment and goods and services. Does this cover me as the policy is in my name obviously as my husband is deceased. It also gives me a 24 hour helpline. Legal advice service

Do you have legal cover included in your house insurance ? lots of policies have this

[Ell-enn]

Ring the legal helpline and explain your situation - they should then put you in touch with a solicitor who can help you. Don't send back any forms until you have spoken to the solicitor.

[karenkerswell]

Ok thank you

Ring the legal helpline and explain your situation - they should then put you in touch with a solicitor who can help you. Don't send back any forms until you have spoken to the solicitor.

[steampowered]

This must be a very stressful situation for you. But, ultimately it is not that complicated and can be dealt with, if you make sure you comply with the court procedures by seeking a little bit of help.

 

 

It sounds like what you have returned to the court is actually called the 'acknowledgement of service'.

 

You need to know that returning this form is not enough. You also need to file a 'Defence' (on behalf of the estate) indicating why you do not agree with the claim that has been made. This must be made within the deadlines which have kindly been described by CitizenB in post number 11. If you do not file a Defence, the Claimant will automatically get what is known as a 'default judgment' ordering that the estate must pay the amount.

 

 

If the estate does not have any assets or is insolvent, you should write a short letter to the Claimant explaining this. This will make them aware that even if their claim is successful there would be no assets for them to enforce a court judgment against.

[karenkerswell]

I have checked with my insurance company and they say I am not covered but do have the facility to ring the legal helpline of which I will do tonight after work. Can I just clarify something I am sure when we bought the house it was bought as joint tenants and my husband did not have a will so it automatically came to me. I have since his death made a will to secure the children. Am I right in thinking that makes it that my husband has no estate, as this woman is claiming against his estate. So if he has no estate how can she be making a claim against it? He had nothing no assets or savings or business, he was just a self employed sole trader. I have also read that she should have made an official claim against any estate within 2 months of his death is this correct

Ring the legal helpline and explain your situation - they should then put you in touch with a solicitor who can help you. Don't send back any forms until you have spoken to the solicitor.

[karenkerswell]

Thank you I think our emails have just crossed as I have just asked the questions you have just answered. Can I clarify do I still need to return the form and make a defence even though there is no estate or should I just write a letter to the claimant first

This must be a very stressful situation for you. But, ultimately it is not that complicated and can be dealt with, if you make sure you comply with the court procedures by seeking a little bit of help.

 

 

It sounds like what you have returned to the court is actually called the 'acknowledgement of service'.

 

You need to know that returning this form is not enough. You also need to file a 'Defence' (on behalf of the estate) indicating why you do not agree with the claim that has been made. This must be made within the deadlines which have kindly been described by CitizenB in post number 11. If you do not file a Defence, the Claimant will automatically get what is known as a 'default judgment' ordering that the estate must pay the amount.

 

 

If the estate does not have any assets or is insolvent, you should write a short letter to the Claimant explaining this. This will make them aware that even if their claim is successful there would be no assets for them to enforce a court judgment against.

[steampowered]

If the house was held as a joint tenancy, my understanding is that would have passed to you automatically on his death and would not form part of his estate.

 

There are basically two options. If you are confident that there is no estate for them to enforce against, then I guess you can just ignore this whole thing - since a court order against the estate is pointless since the estate has no assets - as long as it is very clear that the claim is against the estate and not against you personally. I do not recommend this, because it is risky if the other side do identify some assets which should form part of the estate. Later, it would also lead you down the road of being required to provide information about what estates formed part of the estate and why there are no assets left.

 

The other option is to try and defend this claim on behalf of the estate. If you want to do this, then you must file a Defence within the time limit stated by CitizenB. This should have been explained on the form although I agree it is not that easy to understand.

 

Whatever option you choose, you should also write a separate letter to the claiming explaining the whole thing is pointless because the estate has no assets.

 

 

In the meantime obviously continue to see if you can get legal help through your insurance company, but you need to remember the court deadline for filing a Defence whatever happens. A delay in seeking legal help is not a valid excuse for filing a late Defence.

[karenkerswell]

I understand. I think that I will go with sending the form and making the defence, but will also write a letter to say that there is no estate as I am sure there is not. My husband had nothing. All correspondence has been addressed to the estate of [name removed again] not myself.

If the house was held as a joint tenancy, my understanding is that would have passed to you automatically on his death and would not form part of his estate.

 

There are basically two options. If you are confident that there is no estate for them to enforce against, then I guess you can just ignore this whole thing - since a court order against the estate is pointless since the estate has no assets - as long as it is very clear that the claim is against the estate and not against you personally. I do not recommend this, because it is risky if the other side do identify some assets which should form part of the estate. Later, it would also lead you down the road of being required to provide information about what estates formed part of the estate and why there are no assets left.

 

The other option is to try and defend this claim on behalf of the estate. If you want to do this, then you must file a Defence within the time limit stated by CitizenB. This should have been explained on the form although I agree it is not that easy to understand.

 

Whatever option you choose, you should also write a separate letter to the claiming explaining the whole thing is pointless because the estate has no assets.

 

 

In the meantime obviously continue to see if you can get legal help through your insurance company, but you need to remember the court deadline for filing a Defence whatever happens. A delay in seeking legal help is not a valid excuse for filing a late Defence.

Edited August 20, 2014 by honeybee13

[karenkerswell]

Does the Defence notes have to accompany the acknowledgment form or will it be okay to send that first and then put together my defence

I understand. I think that I will go with sending the form and making the defence, but will also write a letter to say that there is no estate as I am sure there is not. My husband had nothing. All correspondence has been addressed to the estate of [edited] not myself.

Edited August 20, 2014 by honeybee13

[honeybee13]

Hello again.

 

I've removed your late husband's name again, please don't quote it in your posts. It's much better to keep things anonymous. I'm trying to protect you here, not make life difficult.

 

Did you speak with the lawyer as advised by Ell-enn please?

 

HB

[f16]

KarenKerswell,

 

Thinking slightly "outside the box". Along the lines of Ell-enns suggestion ... Insurance.

 

Did your late husband have "Public Liability" insurance ?

 

If so, would that "Cover" you ??

[steampowered]

Does the Defence notes have to accompany the acknowledgment form or will it be okay to send that first and then put together my defence

You can just send the acknowledgment form ticking the box indicating an intention to defend. Nothing more is needed on the acknowledgement.

 

Filing the acknolwedgement gets you a bit more time. You then file to file the Defence within the 28 days time limit explained by CitizenB in post number 11.