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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1198
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My brother has died without leaving a will. He was unmarried

Resolved Question:

My brother has died without leaving a will. He was unmarried and had no children and the closest relatives are myself and 3 sisters. His only assets are a car and small insurance policy but he owed more to a credit card company than these will realise. Am I right in saying that we can pay for reasonable funeral and administration costs from his assets before the credit card company has any claim on his assets?
Thanks, Cath
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Cath Welcome to Just Answer I am a Solicitor and will try and assist you. I am sorry to hear of your loss. - Are you aware of any secured debts? in relation to a home or any asset such a car? Kind Regards Caroline
Customer: replied 1 year ago.
Dear *****
No there are no secured debts. He did not own his home therefore no mortgage and the car was paid for in full, no hire purchase agreement. His bank account was a little overdrawn and in the intervening few days his pension was paid in and the credit card company have taken a payment. He was entitled to statutory support for his rent, rates, etc.
I hope this helps.
Regards, Cath
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Cath My sincere apologies for my delay in responding to you. That you for clarifying the position for me. If is correct that if there are no secured debts then the reasonable funeral expenses can be paid from the estate and are paid in priority ahead of the unsecured debts that is owed to the credit card company. You should keep a record of the reasonable expenses incurred. Please note that the reasonable expense does not include a permanent memorial such as a head stone. Please do not hesitate to ask if I can clarify anything for you. Kind regards Caroline
Customer: replied 1 year ago.
Dear *****
This is very helpful and confirms what I thought. It is my niece who is very kindly carrying out the administration of this so I will pass this onto her and if she has any further questions I will be in touch.
Thanks for your help.
Regards, Cath
Expert:  ukfamilysolicitor replied 1 year ago.
Glad I could help you Cath I am more than happy to assist further if you need me too. Kindest regards ***** ***** you have found this service useful please kindly remember to star rate our help
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