Can you shed light on this....

When a parent passes on, are their debts then transferred to the offspring to clear .....

Re: Can you shed light on this....

When my parents died big debts were left some companies tried it on and made it sound like we were responsible but we were assured by CAB we weren't. We did though clear all but one companies debts as we felt morally responsible, the only one we didn't clear was the local council and we refused to pay them because they were so aggressive in going after us for the rent/rates and finding out they were wrong we got no apology or anything.

Re: Can you shed light on this....

Hello Pats. No they are not (thank goodness).
Unless a child has co-signed any credit agreements, debts are not transferred onto the offspring of the deceased person. Any debts of the deceased are usually paid out of the deceased person's estate before it is distributed. If there is not enough to clear the debt then it is written off by the creditors. If they can afford it children may sometimes pay the debt as a matter of honour, but creditors cannot legally demand that the children repay their deceased relative's debt out of their own resources.

Re: Can you shed light on this....

Mmm I wonder if that applies to this case, leasehold apartment that has 'management fees'. The son cannot so far sell the flat, they are not popular - so has £10,000 of these fees accrued - what about Council tax too ....

Re: Can you shed light on this....

If the flat has passed to him any fees after he gets it are his I believe.

Re: Can you shed light on this....

I would say that the flat is part of the estate and debts associated with it (like selling fees, gas/electricity(if not disconnected), council tax etc.) would be paid up from the estate when the flat is finally sold.
When my mum died we had her bungalow to sell and we let all the services run on and they were paid by us until the sale was completed. The sale costs were also set against my mum's estate.
I think the management fees would be payable against the assets of the estate (unless there is agreement, in writing, saying different). It is worth asking the managing agents what the procedure normally is. Also speak with the council regarding the council tax. If the property is unoccupied and remains unoccupied there is often a reduction or a period of grace allowed for the sale.
I know with my mum's bungalow the council said they normaly waived up to 12 months' council tax. allowing time to sell the house (as long as they didn't empty bins, etc). We felt it best to keep the other services running and paid for until we had completed the sale.
At the moment we have a property in Scarbrough belonging to my deceased aunt which is taking a long time to sell and the same is happening with that. All will be settled up and the estate finally fully distributed as per the Will when the house is finally sold.

Re: Can you shed light on this....

Thanks very much for your responses, I understand 'the management' want their money, this poor guy hasn't got it, the property is the only asset and is hard to shift, its got to the point where the management will take the flat over to get the money owed on fees .... just feel for this man, he wasn't prepared for that was he ....
These 'things' are not disclosed when buying .....

Re: Can you shed light on this....

http://www.over50sforum.com/newreply...eply&p=286964#

The Managing Agents are being greedy and since the original lessee is now deceased, they have no legal rights to any further fees UNTIL the deceased's property is sold.

Re: Can you shed light on this....

Thats interesting Joe - I suppose they'll take it off his hands - for a pittance !!!

Re: Can you shed light on this....

No Pats darlin' - he's not obliged to sell it to the Managing agents, he should put the sale of the property in the hands of reputable Estate Agents, who will put a proper value on apartment and then sell the lease to whoever makes a suitable offer for it.