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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I have 2 brothers who lived together and one suddenly died

Resolved Question:

Hello my name is***** have 2 brothers who lived together and one suddenly died in May He was the main bill payer with direct debits going out of his bank account.When he died his bank account was frozen by my other brother,who now is having letters and phone calls asking for the money.The coroner is investing his death so we haven't got a death certificate to change the direct debits over to my brother. What advice can you give me.
Many thanks
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Is the concern just over not being able to pay the bills?

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 10 months ago.
The bills are pilling up we said we can pay them but they want the death certificate for proof which we can't give them yet.
Customer: replied 10 months ago.
Because its direct debit s could we send cheques
With letters so the bills are getting paid or because it is in my brothers name they won't take them
Customer: replied 10 months ago.
Hello is any body
Customer: replied 10 months ago.
Hello is anybody there sorry im having a bad day
Customer: replied 10 months ago.
What advice do you give to sort this proble out
Expert:  F E Smith replied 10 months ago.

As promised on the phone

This should be relatively straightforward to deal with.

I am answering this as though I’m speaking to the surviving brother.

You have documentation from the coroner and presumably the crematorium and undertaker.

Copy those documents and treat them as the death certificate and send them with a covering letter to the creditors explaining that you are the brother of A who died on the date that he did in May.

He had an accident on such a date, he was in hospital on such a date and died suddenly on such a date. As a result of his early demise, there is an inquest and you are still waiting for the result from the coroner. Meanwhile, you do not have a death certificate because the cause of death has not been established.

Can they please therefore suspend collection of the accounts in your late brother’s name and open new accounts in your name from whatever the date is in May when your brother passed away you will need to come up with an estimate of what the meter readings were in May and you can probably do that by looking at previous bills.

Tell them that as soon as you have a death certificate you will be in a position to finalise your late brother’s estate and to gathering any assets settle any outstanding bills and he would appreciate if they could mark their file accordingly meanwhile and of course open new accounts in your name.

If they ignore the correspondence, right back again in exactly the same terms or better still, get a solicitor to write to them.

You should find that once they know the circumstances, they become more sympathetic. You just need to make sure there is some proof of the death which you have in the form of the existing correspondence.

Best wishes.

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