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 Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

As my mother's attorney (LPA) am I liable debt she

Resolved Question:

As my mother's attorney (LPA) am I liable for any debt she owed after her death?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As Atttorney, your duty to act on behalf of your Mother ceased on her death. You therefore have no responsibility whatsoever to repay any of her debts.

Upon your Mother's death, the responsibility to clear any debts sits with her Executor (if she had made a Will) or her Administrator (if she had not left a Will). However, the Executor/Administrator is not personally liable for her debts and is only under a duty to pay the debts if there are sufficient assets in her Estate to pay them. Therefore, if she did not leave enough cash to pay all her debts, the debts die with your Mother and the appropriate Institutions should be notified that ther eis not enough money to discharge their debt.

I hope this assists and sets out the legal position.

If I have assisted, I would be grateful if you could leave positive feedback.

Kind Regards

Al

Customer: replied 2 years ago.

Hello Al,

Thank you so much, firstly for your swift reply and secondly for your clarity. This is what I thought, but I really needed to know that this is legal fact. I am putting together a complaint against the local council who are hounding me, indeed threatening me, over money they say my mother owed. Is there a statute or a clear piece of law I could quote them to which you have referred in your answer to me?

Expert:  Aston Lawyer replied 2 years ago.

Hi Heather,

Thanks for your kind reply.

There is no case law as such- it is common law, which states that if there is insufficient funds in a prson's Estate to pay all the debts, the Estate is classed as an insolvent Estate, and in such circumstances, the debt(s) is not repayable by any third party.

I hope this helps.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi again Al,

Thanks very much for this, it does indeed help and gives me everything I need.

I am very grateful to you and will now get on with giving you the highest rating feedback.

All best wishes

Heather