Father in Law passed away what about his debts

[Myfamily]

Hello,

 

Not sure where to start with this one.

 

Long story,

my husbands father passed away recently.

in the last 3-4 years we we helping him as he was living in a 10th floor flat,

he was only 61 but an acoholic and had people at his flat using it as somewhere to do their drug habit (using him)

his so called friend was taking his DLA money etc - lots going on.

 

he became unwell

- had some kind of fit or stroke

- we're not really sure what it was

- he went to hosptial for a while and

 

in the meantime my self and my husband got in touch with a social worker and managed to get him moved to sheltered accomodation, a nice ground floor flat.

 

We tried to get him moved closer to us but there was nothing available,

he was moved approx 45 mins from us.

 

My husband went every week to him to bring food shopping and made visits in between as well.

 

He had dementia and would ask all the time what day at least every 10 minutes or so.

When we moved him out of his flat we left everything behind

- all furniture and appliances as there was nothing worth saving

- the flat was a mess

- no-one cleaned ever!

 

we thought it would be better to give him a fresh start with new furniture.

 

He was receiving DLA and Pension guarantee credit,

as he'd been in hospital he had not been able to go and get his money from the post office

my husband did, there was approx 1500 there.

 

we used that to make sure he had all new furniture and applicances for his new flat.

We put in a little bit too as what he had did not cover it all.

 

A few months later we found that he had some rent arrears and discussed with him that maybe he was not really able to deal with this himself,

we took over payment of his bills - rent and care fees.

 

We completed the forms for his housing benefit with him and arranged to pay bit extra to clear the arrears gradually.

 

Care fees were £43 per week, which we had a payment card for,

he gave us his post office card and we picked up his money each month and paid his rent, care fees, and bought food shopping for him each week (approx £80 per week).

 

not much left over after that but we would go and buy him new clothes (as he had very little when he moved in) and my hubby would take him out to the dogs (as he it was pretty much the only thing he enjoyed)

 

we went along like this and everything was ok.

he suddenly passed away in August.

 

I have now received a bill from housing benefit and he's been overpaid,

a bill from BT (which is to me as I put the account in my name as they suggested as I informed them that he was not living with us and would not be able to deal with things - i will do a seperate thread for this i think)

a bill from the DWP saying he was overpaid,

and letter from the housing association as there are still some arrears.

 

Yes we did withdraw his DLA after he had passed away

but this went towards his funeral,

we had no funds to pay for this ourselves.

 

We never got round to doing any power of attorny or anything,

his father did sign saying that i or my husband could speak to various agencies

but that was all, and

 

now they are all wrting to us because my husband is the next of kin I suppose.

 

I;ve now got a final notice letter from the housing benefit people asking for payment,

we can not afford to pay any of these things and should we?

or are they just trying their luck?

[dx100uk]

Nothing to do with you

Send them a copy of the death cert

No estate no nothing

Tough luck on them

 

If most of these debts are benefit related

Surely they already know he's dead ...

 

Dx

[fkofilee]

Agree with DX here.... Debts dies with the person, and if the estate is non-existant after burial then nothing to go to creditors.

I am also very sorry to hear of the loss of you OH Father. Its not nice to lose a love one so my condolences go out to him.

 

Keep a copy of the death certificate, Photocopy it in colour 10 times and keep them for if DCAs etc come out of the woodwork.

[Ethel Street]

It's not your responsibility as next of kin to pay his debts.

 

BT one is different though by the sound of it. You opened an account in your name so I would think you remain personally liable for that.

 

I'm not sure what the legal position is if you have withdrawn his DLA money after he died. Possibly DWP could say it's fraud and hold you personally responsible.

 

Did he have any assets at all when he died?

[Myfamily]

Thanks all for your replies.

 

I did inform the DWp bereavment line that we had withdrawn his dla after his death in order to pay the funeral - the guys was very nice and said that we ight get a letter about an overpayment but not to worry about it, as the most they can do is ask for it to be paid back but as it was in my FIL's name that would be the end of it. and we have had one letter and thats all - so I don#t think they're going to bother with it.

 

Yes the BT is complicated but basically, we wanted to get a phone put in his flat because we thought about giving him a mobiel but knew that he would forget to charge it so needed a landline, we also decoded to add tv package as he liked to watch sports - so he could get BT sports. I called BT and explained to them that he had early Dementia and I needed to be able to communicate with them direct - like pay bills and also query anything if needed but as I don't live with him and actually approx 45 mins away, I needed to be able to to call and speak to them without having to be with him or have his permission.

 

I was told that the easiest way would be to put the account in my name abut they would make a note that the equipement is at a different address to my home address.

 

Little did I know that my FIL would pass away approx 6 weeks befre the 12 month contract ended and I would be billed £121 (£95 for the contract ending early and approx £26 for the last months usage - of which there was none as he had already died!)

 

When I called them to inform of his death I was just told that as the account was in my name that was it - I told them the only reason it was in my name is becasue THEY suggested it, if I had known I'd be lumbered with a big bill i wouldn't have done it - its not may fault they have a stupid syustems that can't cope with including some kind of admin person if the customer is vulnerable.

 

I want to complain but not sure where to start - I have checked via online chat that they do have a copy of the tape of my conversation where I explained what I needed and what they suggested.

 

Any ideas what to do , It doesn't seem very fair or simpathetic

[AndyOrch]

Thanks all for your replies.

 

I did inform the DWp bereavment line that we had withdrawn his dla after his death in order to pay the funeral - the guys was very nice and said that we ight get a letter about an overpayment but not to worry about it, as the most they can do is ask for it to be paid back but as it was in my FIL's name that would be the end of it. and we have had one letter and thats all - so I don#t think they're going to bother with it.

 

 

Oh they will...any over payments after death will be recalled.

 

Andy

[Myfamily]

Sorry Andy - does that mean they will continue to chase my husband?

[AndyOrch]

No your late father in L estate

 

https://www.gov.uk/benefit-overpayments/when-repayments-have-to-be-made

[Myfamily]

Ah ok, well he had no estate, had abolutely nothing!

[Myfamily]

Any thoughts about how to start with BT?

[Myfamily]

Agree with DX here.... Debts dies with the person, and if the estate is non-existant after burial then nothing to go to creditors.

I am also very sorry to hear of the loss of you OH Father. Its not nice to lose a love one so my condolences go out to him.

 

Keep a copy of the death certificate, Photocopy it in colour 10 times and keep them for if DCAs etc come out of the woodwork.

 

Thanks Fkofilee,

 

It was a shock to say the least, hubby took it very hard but is slowly starting to feel better.

[dx100uk]

Well if you'd applied for death grant or whatever it is now. That would be nore than the DLA anyway I bet...

 

As for BT, sar time? Or just ignore

But they might trash your credit file?