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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3487
Experience:  LL.B (Hons)
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My partner is being pursued by the council for his late mums

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Hello my partner is being pursued by the council for his late mums care home fees nearly 3 years ago. He did receive any money from the will because he got a deed of variation and gave to another party. Is the other party liable for the debt
JA: Where is your partner? It matters because laws vary by location.
Customer: in Colchester essex
Customer: in Colchester essex
JA: What steps has your partner taken so far?
Customer: Wrote to council explaining that debt three years old wasn’t aware of debt as only sent invoice and he is on long term sick
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Thats it thanks

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Customer: replied 12 days ago.
Ok thanks

Thank you for the question.  When a person passes away any taxes and debt are required to be settled prior to the estate being distributed.  The family should not (unless by way of agreement ) be responsible for the estates debts, however if your partner received monies which should have been used to settle debt on the estate then in tis instance, they could pursue him for these sums.  What I would d in the first instance is ask the council to show why they find your husband is due to pay this debt, to see what their positions is.  If you feel you have a defence to this then you can allow them to take the matter to court and ultimately have a judge decide if he is liable or not.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 12 days ago.
Sorry he didn’t receive any money the solicitor allowed all the funds to be released to 2 other parties
Will the other parties be liable for debt
Customer: replied 12 days ago.
Can the council request money from them instead

Potentially, if the funds have been inappropriately distributed.  You will want to establish why the council are pursuing your partner in the first instance.

Customer: replied 12 days ago.
An they go direct to the other parties for the money
Customer: replied 12 days ago.
Can the council go direct to their other parties then

If the council are able to establish they are liable then yes they could potentially pursue them for the money.

Customer: replied 12 days ago.
Ok thanks

You are welcome.  Ask the council why they feel your husband is liable and then come back to me if you need to.  They may or may not have a basis for this request.

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