money owed to bank by my late brother

[marksheff]

hello

i need a bit of advice regarding a debt with a bank by my late brother

 

its for 4k but the bank are now writing to me re:his estate

 

as it stands he as no capital but does own a house which i live in,

no probate has yet been done, but the bank are saying they will do their investigations to see if there is probate or information held by the land registry,

 

obviously his name is on the deeds so were does it leave me?

 

I'm in no position to pay the debt and don't see why i should,  but is really necessary for a bank to do this for a small (ish)  amount of money.

 

thanks  

[mantis shrimp]

Have you checked whether at the date of his death your brother had any other debts? 

 

Did he leave a will? 

 

What other family did he have? 

 

[marksheff]

hi, there was no will,

it is possible he does owe money to utility company's other than that I'm unaware,

 

he has no family apart from me,

obviously ive inherited the house due to circumstances.

Edited February 10, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

excuse me asking

when did he die?

 

you might no owe either, don't just 'give-in' because you get lots of legal twaddle thrown your way.

 

could you expand slightly on the story

with a bit more detail and a few dates etc. of important events.

 

[marksheff]

he passed away in April 2021 unexpected

no will in place

 

ive lived in his house since aug 2018 I'm the only living sibling,

 

the debt is through an overdraft/charges which come about during lock down. so the bank have put his account in my name and ive written to them explaining the circumstances and are assuming i am his nok with out even asking me.

 

ive spoke to the bereavement team today and they are saying theIr investigations are looking for any probate done and on the land registry,

 

to me it seams a lot of messing about for just 4k. 

Edited February 10, 2022 by dx100uk
added A few blank lines only..dx

[mantis shrimp]

you will need to get 'letters of administration' for land registry to transfer title to the property into your name. That is likely to cause you difficulty in not paying the bank. 

[marksheff]

i know i need to do probate, but what do you mean by difficulty? 

[mantis shrimp]

I mean that in taking out letters of administration you will be taking on a legal duty to pay your late brother's debts out of his estate.

 

See the oath for administrators, para 5: 

Quote

 

5.

[I OR We] will

(a) collect, get in and administer according to law the real and personal estate of the deceased;

 

 

administering according to law includes paying out of his estate the debts owed by the deceased .

Edited February 10, 2022 by mantis shrimp
quote correct form!

[marksheff]

i know that! my question was what can the do if they find out his name is on the deeds to his house? without probate been done. 

[AndyOrch]

Quote

so the bank have put his account in my name

 

Cant do that...its not your debt...you haven't signed anything or agreed to this I hope ?

 

Andy

[mantis shrimp]

I have in the past acted for a creditor in getting an Insolvency Administration Order (effectively bankruptcy) to control an estate where the heirs were, like you at present, doing nothing. But that is probably too much hassle and cost for the amount at stake here.

 

The bank might well sit and wait for you to need to take out letters of administration. You will not be able to sell or mortgage the house without it. Or are you planning to leave an untidy situation for your heirs to sort out?

 

This might be a case where you can agree a reduced amount or instalment terms, or both, with the bank. If they understand that they will need to spend a disproportionate sum to get anything this might be attractive to the bank.

Edited February 10, 2022 by mantis shrimp

[mantis shrimp]

@AndyorchI suspect the account is in OP's name as executor or administrator - jumping the gun and anticipating probate

[dx100uk]

Bank having you for a fool

ignore them and the silly util company

 

Debts are almost 1yrs old.

 

i will guess as asked you've not signed anything with anyone.. As its bit stupid to sign up to a debt!!

 

were you there when the util bill was run up?

 

Dx

[marksheff]

my intention is to do probate if i decide to sell, I myself have no family so no debt will be passed on.as for the bank ive not signed or agreed to anything, the bloke from the bank did ask me to send an email confirming the information regarding probate or land registry which i have no intention of doing so.

[marksheff]

dx. not signed anything,the debts were from his address (rented) not the one I'm living in.

[dx100uk]

stuff and all they can do .............

[mantis shrimp]

This about 2 things. 

 

1. Your late brother's debts and how his estate is dealt with. 

 

2. the potential for you to have personal liability as administrator if you take out letters of administration or for dealing with his estate if you don't. 

 

Another step the bank might take would be as creditor to apply for letters of administration. This would give it the power to sell the house. Note also that bank's charges for acting as executors or administrators of the estates of deceased persons are eye-watering: you would wish you had engaged the very best solicitor in your area instead.  So if the bank shows signs of going down that route, settle quickly: you will see more out of your brother's estate. 

[AndyOrch]

Quote

my intention is to do probate if i decide to sell

 

You have to do probate irrespective......simply to transfer the property into your name once you have your Letter of Administration in place.

I assume there is no mortgage on the property your brother had no other assets apart from the property.

 

Which group of vipers sorry Bank is this ?

Who told them about the property ?

 

Andy

[marksheff]

1,natwest

2,nobody has told them, They told me they will search land registry. so i think I'm up that creek without a paddle.

[AndyOrch]

 

 

Quote

so i think I'm up that creek without a paddle

From your responses it appears you are falling for their twaddle and threats.....no more contact they have the Death Certificate leave it at that.

 

And if they do a search what will that prove ?  Yes he owned a property...that does not mean that there will be an estate and pot of money for them to get their measly 4K back.

 

You are the sole beneficiary...you inherit the property.....their debt does not transfer to you...they can only try to recover it from his estate.

There is no estate......ignore them see if they wish to start an expensive law suite to claw back 4K an unenforceable overdraft debt most probably 90% created by themselves with fees interest and charges. 

 

 

.

[mantis shrimp]

Sorry Andyorch, there is an estate. The house is part of it.

Edited February 11, 2022 by mantis shrimp

[marksheff]

andy ! 90% created by themselves with fees interest and charges.Accumulated during lockdown and him having no work.i think ill take your advice thankyou kindly. 

[dx100uk]

correct ignore them.

dont be a mug

or be a mug to the do-gooder solicitors types that have always advised otherwise cause they know the outcome but just wanna scam you out of a few £100's writing pointless letters that say the same thing as ignore but in legalese to make themselves look important.

[marksheff]

thankyou dx100uk 

[mantis shrimp]

I'm out of here. good luck. dx100uk will always be here for you.