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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24551
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My daughters father recently died. She had not seen him for

Customer Question

My daughters father recently died. She had not seen him for many years however there is nobody else to sort out his estate so she has tried to assist,. She has found out that he has lots of debt. She has contacted all the companies informing them of his death. Yesterday a debt collector came to my home looking for payment of one of his debts. We have been divorced 20 years. Can you please advise me what I can do to stop this from happening and if it happens again what I should say. My daughter is going to a solicitor this week to get advice on how to sort out his estate.
Submitted: 1 year ago.
Category: UK Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

From your knowledge of his affairs do you believe him to be insolvent at the date of his death or do you believe he has assets that outweigh his debts please?

Customer:

I believe he was insolvent when he died.

Joshua :

Thank you. The first thing to say is that you nor your daughter nor in deed anyone else is responsible for debts in his sole name unless you have given an assurance or guarantee to any given lender which would be unusual and presumably you have not done so.

Joshua :

In terms of dealing with his estate, your daughter should be very cautious about becoming involved is his estate is insolvent as she will derive no benefit unless she is a creditor and there are some assets to claim and she could become personally liable if she does not administer the estate correctly - there are very specific orders of how creditors must be paid in insolvent estates and if a mistake is made the administrator can be personally liable.

Joshua :

If the estate is insolvent your daughter and you may consdier leaving the matter to the Official Receiver to deal with. This is a government representative that will deal with insolvent estates

Joshua :

Your daughter can find contact details for her local official receivers office via this link:
http://www.insolvencydirect.bis.gov.uk/rebrandedorsearch/oraddresssearch.asp

Joshua :

You nor your daughter is responsible for the costs of administration of his estate.

Joshua :

Is there anything above I can clarify for you?

Customer:

Thank you, XXXXX XXXXX more debt collectors come to the door can I say that it will be going to the Official Received to deal with and tell them to lave us only?

Joshua :

Yes in deed if that is your daughters decision.

Customer:

Thank you very much.

Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24551
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Joshua
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LL.B (Hons), Higher Prof. Dip. Law & Practice