Hi, not sure if there are any legal experts on here but just in case here a question for you…
If an executer of an estate has publicised the death and has paid the secured debits what happens with the unsecured debits? Have a situation in progress right now in which a couple of people who lent money to the deceased are claiming that they are owed several thousand pounds each. One of them has no evidence of the debit other than the fact he wrote down some numbers in his diary and the other claims he lost any paperwork in a house fire.
My concern is that if the executer distributes funds to either one what is stopping the next person turning up and saying that they are also owed money?
The Solicitor employed by the executor is not being very helpful and simply says that you can’t wrap things up until all claims are sorted and that it could go on for years…
The estate has very little money in it and the way things are going there will be none left, my interest is that amongst the beneficiaries of the estate are three grandchildren, my wife and my sister-in-law. I would like to think that the three grandchildren at least could walk away with £3-4k each.
Its all rather complex but hopefully this makes sense and someone out there will have some good advice…

Cheers

Tim

They have to make a claim on the estate, which given they have no evidence or proof of the debt will be or should be declined.
They will then have to start legal proceedings to prove the debt, even if they themselves have no proof,things such as bank records will be used, cheques or direct deposits for instance could be used to prove a debt. If the debts are in the form of cash then it will be very difficult for them or anyone to prove.

Hopefully someone on here can help you out and I hope it works out for you.

Post here,,,,good and correct advice

http://forums.moneysavingexpert.com/forumdisplay.php?f=217

Give me time to do some digging. I did Equity & Trusts last year (B- in exam & A- in coursework - B+ overall) and it can be a rather complicated set of affairs and any opinions I can give will be based on the limited info I have available from what you have typed because obviously I am not in possession of any documents. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Brilliant - thanks for the help so far! Its great to see that with all the rubbish going on in the world that communities like this really do exist and can help their members!

PM sent to Northsea Medic  LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey