Dad died without a wil etc.

[Indicar]

My Dad passed away recently.

 

He died without leaving a will. He did not own any property, had no cash or assests. On his death he had a basic bank account which contained a few hundred pounds of Social Services, Direct payment money - ring-fenced to pay for his social care only.

 

I contacted the bank and they were willing to administer and close down the account without the need to apply for a grant of administration. The money in this account has been repaid to social services and the account closed down.

 

There are no assets - only personal possessions. The most valuable item is an MP3 player worth maybe £30. His funeral expenses have been divided out amongst the family. Unfortunately he left unpaid debts which he'd been making token payments on for a few years since he retired on health grounds. All of the debts in question are in his name only.

 

I've been writing to his creditors with a copy of the death certificate and a simple letter explaining that the estate is insolvent.

 

Today I've had a letter from a company called Assisted Probate Services. They've been instructed by their client - Experto Credite (who were handling one of my dad's debt on behalf of Barclays). The letter is asking for details of my father's executor with the aim of recovering the debt from his estate. I am wondering how to handle this letter.

 

I am minded either to ignore it: it is addressed to the executor (technically as there is no Will, there is no nominated executor) or reply with a short letter explaining the circumstances. Another reason for writing to them is that I am assuming this company is associated with a debt collecting company and so might resort to their tactics like phone calls and threatening to call in person - so part of the letter would be to withdraw permission for them to call or visit.

 

Alternatively is there anything else I should do?

 

Thank you in advance.

[unclebulgaria67]

Just respond explaining the situation, no will, no executor, no estate left ( no money or assets). I am not sure there is anything that you can do apart from this. If they want a letter from someone independent, see if your local Citizens Advice can send a letter on your behalf, if you take all the information with you e.g dads last bank statement, social services letter.

 

They will have to write the debt off, as you or your family are not responsible.

[ScarletPimpernel]

Try something like this:

 

 

Dear Sirs

 

I refer to your letter dated (date).

 

My letter of (date) to your clients - Experto Credite - set out the position regarding my late father, namely that he died intestate, and that there is no will, no executor and no estate. I am sorry if your client found my letter difficult to understand.

 

The situation has not changed, and will not change. I regret that I am unable to assist you further, and do not expect to hear from you or your client again.

 

Yours etc.

[honeybee13]

Hello there. I'm sorry to hear about your loss.

 

Have a look at this website, they also have a free helpline who are very good. I've linked to the insolvent estates section.

 

http://www.bereavementadvice.org/search/results/insolventestates.php

 

HB