How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

My mother passed away a couple of weeks ago I had power of

Resolved Question:

My mother passed away a couple of weeks ago I had power of attorney. Its been dreadful over the past few months and she was moved from different homes 4 times. I have been very unwell and did not keep on top of bills dealing with all of this took its toll.. I am at breaking point now. Mum left only £2000 and this has covered part of her funeral. I have no money and have received an outstanding bill for £1800 money owing to the care homes. Please advise.
many thanks
Kind regards
Helen
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Please accept my condolences for your loss.

Joshua :

It is important to note that you are not legally responsible for any of your mothers debts including her funeral costs. You are only responsible for such debts or costs if you personally formed a contract in your own right rather than as your mothers attorney. For example if you instructed funeral directors then this would constitute an agreement between you and they personally and you would be responsible for their fees. The burden of proof would be upon them to show that you did instruct them.

Joshua :

Similarly you are not responsible for care home fees unless you personally intructed their care - i.e. if you approached a care home and agreed to pay the fees personally.

Joshua :

You cannot be held responsible for any debts in your capacity as her attorney providing agreements were entered into in your mothers name with you acting as her attorney as opposed to you personally.

Joshua :

If your mothers estate has insufficient assets to pay all debts then it will be an insolvent estate and if this is the case you would do well to consider not acting as an executor but rather leaving the estate to the insolvency service to administer. The reason being that if you make a mistake in administration - insolvency rules are a little complex - you can be personally liable for any loss suffered by any third party for that mistake.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

HI Joshua

Customer:

Thanks for your email. My mother had no estate as she signed over her home years ago to me. The funeral is being paid out of the money left which was £2000. The money owing to the care homes should of been coming out of her bank ie her pension but I made a mistake cancelling the direct debit when she kept moving homes. It was being funded by the local authorities. I have had so much on dealing with everything alone that I forgot all about this and now there is no money left. I am also executor to the will.

Joshua :

Sorry for the delay in reverting to you. Based on what you say you will not be responsible for the care home fees personally. The care home has a claim against your mothers estate not you.

Joshua :

As your mothers estate would appear to be insolvent you should be careful in acting as executor. If you have not yet started you would do well to consider not acting and leaving it to the insolvency service to deal with. If you have already started to act you can still contact the insolvency service for assistance.

Joshua :

It is important you pay any creditors proportionately in the correct way from such money as is left.

Joshua :

Other than this you have no personal liability subject as above.

Joshua :

Is there anything else I can help you with?

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice