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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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Hello. My brother has died leaving no will. He has left quite

Resolved Question:

Hello. My brother has died leaving no will. He has left quite a bit of debt. He left no assets but did have a few possessions with nothing of any value, not even a computer or car. Are we obliged by law to sell his possessions to pay his debts as he has no assets? Thank you so much. Rebecca
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Did he leave a will? Is there an executor of his estate?
Kind regards
AJ
Customer: replied 2 years ago.

Hello AJ,

No he left no will and was uninsured.

I am not next of kin but if we need to get an administrator to deal with his estate it will be me, and also possibly his partner (they were only living together but he was supporting her financially).

I have only just started looking at the financial side of things. He really had so little and his few possessions are precious to us all. I just needed to know if we have to sell them to pay his debts.

As of yet I am not totally sure how bad the debts are. I am talking to his bank tomorrow but he also had some credit cards.

Thank you so much for your help,

Rebecca

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
It is possible his possessions will have to be sold to pay his creditors.
It really depends whether the creditors seek to make a claim or not. There is a letter you can write to the Creditors and invite to write the debts off.
Before doing this you need to confirm what his debts are?
What do you think the value of his possessions are?
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Hello Alex,

Thank you so much for your help. Really so much appreciated.

I am not sure yet of the amount of debt my brother left. With regard to possessions he only had clothes, books and some cds. He was a very minimalist kind of a person. I am fairly sure his possessions won't balance his debts but it's difficult to make that call until I have added it all up.

Thank you for letting me know about the fact the creditors have to make a claim for the debt to be paid. Do they make that claim to the administrator of the will or, if we get a solicitor, do they do it through them?

Also, with regard to the letter we could write inviting the creditor to write off the debt, does that need to be done through a solicitor?

Many thanks,

Rebecca

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The letter can be sent by whoever administers the estate. http://www.bereavementadvice.org/probate-and-other-legal-procedures/insolventestates.php
Here is a good advice site and template.
Before you can send this, you need to find out from the bank exactly how much your brother owes.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you AJ,

That is good advice and I feel much less confused and more confident in going forward.

Thank you so much for the link and letter template. That is of real help.

I will ascertain the amount of debt we are looking at and then go from there.

Bless you for your help,

Rebecca

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am happy to assist.
This link will remain open for a while, so please do not hesitate to follow up with me once you have ascertained who the administrator is and what the bank have had to say.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you so much AJ.

Take care,

Rebecca

Expert:  Alex J. replied 2 years ago.
Thank you.
I look forward to hearing from you.
Kind regards
AJ
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