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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5929
Experience:  Dual qualified Solicitor and Attorney
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My mum passed away just over 3 years ago and has left an

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Hi, my mum passed away just over 3 years ago and has left an outstanding debt of £8,372 for care fees which I was unaware of. The council has now decided that I am her representative and is taking me to court. I suffer from a list of ailments myself which is why I made sure she was placed in sheltered accommodation as I wasn't able to care for her myself.
JA: Where are you? It matters because laws vary by location.
Customer: I am in the Borough of Brent in London.
JA: What steps have you taken so far?
Customer: I've only just opened the brown envelope. I was contacted by Brent about a year ago with all of this and they requested bank statements which i gave them but i guess they were not satisfied as they believe everyone dies leaving loads of money which wasn't the case with my mum. I suffer from anxiety and depression so couldn't deal with it anymore. I haven't heard from them for the best part of a year so thought they let it go.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I really can't think right now as my heads in a state i'll just answer questions as they come.

Hi thank you for your message, did you do probate for your mum or was her estate worth less than £5,000? If your mum did have an estate worth more than £5,000 has the estate now been administered? How much was the value of the estate? Were you the main beneficiary?

Customer: replied 7 months ago.
There was no estate, luckily I had access to her account and was able to use what was there to bury her the rest came from contributions.

Hi thank you for your message, I see so any money owed in care home fees should come from the estate but if there was no estate to claim against then there is no debt owing by you to the council. You should contact the council and make clear to them that there was no money or assets left in the estate apart from a say a few hundred pounds used to pay for the funeral and therefore, there was no distribution to beneficiaries of the estate and noone against whom any claim for care home fees on behalf of the estate can be claimed against. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 7 months ago.
i'm sorry jeremy, i know it would be easier to speak by phone but i cannot afford a call as i'm not working and don't have the money

Yes do not worry about the call request this is sent automatically. I hope the above helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 7 months ago.
Thanks for your answer, I have already made this clear to them but they still insist on going ahead with this. I’ll just have to fill in this county court claim and go ahead as they’re leaving me no choice.

Yes in essence put in a defence stating you are not the correct party. The claim is against your mother who is deceased and their was no estate to claim against as she had no money left. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 7 months ago.
I’m not used to this. Do I need to go to the court to tell them this as there is nowhere on this form to state that?

You would normally need to apply to court to have the claim struck out or the easier way for you would be to write a defence. If you are unsure how to do this I recommend you get free legal assistance in responding to the court forms. You might be able to find a pro bono lawyer by attending a LawWorks Clinic. The LawWorks Clinics Network is a network of free legal advice sessions that LawWorks (the Solicitors Pro Bono Group) supports. For more information and to find a network near you please visit the following website: https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and 4 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Thanks for your help Jeremy. I'll try them.

Glad I could help, take care.