- June 28, 2024
- Posted by: legaleseblogger
- Category: Related News
Speed-Dial AI Lawyer (470) 835 3425 FREE
FREE Legal Document translation
Try Free Now: Legalese tool without registration
A Heartbreaking Situation: A Mother’s Dying Wish and the Chaos That Follows
A Brief Overview
As the situation unfolds, it’s essential to provide a concise summary of the events leading up to this point. My mother, terminally ill with only 3-6 months left, refuses to go to the hospital and is rapidly declining. I’m 29, fully dependent on her, and caring for a 5-month-old baby. With no life insurance, savings, or family support, I’m left feeling overwhelmed and unsure of what to do.
The Complexity of the Situation
The tenancy on our council property cannot be passed down to me due to the one-succession rule. We had planned to save and buy the property, but my mother’s credit card debt (over £30,000) and the lack of funds have made this impossible. The council would not move me elsewhere, but I’m struggling to stay in the property without a way to take over the tenancy.
The Immediate Concerns
- How do I handle the household bills, which are still under my mother’s name and accounts?
- What are the most critical steps I should take to secure our living situation?
- How can I manage the financial burden of my mother’s debts and funeral costs?
- What are the essential steps to take to ensure a smooth transition for my baby and me?
The AI Legalese Decoder’s Role
In this chaotic situation, AI Legalese Decoder can provide invaluable assistance. This tool can help you:
- Understand the tenancy agreement: AI Legalese Decoder can decipher the complex language of the tenancy agreement, providing you with a clear understanding of your rights and responsibilities.
- Navigate the council’s rules: The AI can help you understand the council’s policies regarding succession and tenancy, ensuring you’re aware of the necessary steps to take.
- Manage the household bills: AI Legalese Decoder can assist you in transferring the household bills to your name, ensuring a smooth transition and minimizing financial stress.
- Prepare for the future: The AI can provide guidance on how to manage your mother’s debts, funeral costs, and other financial aspects, helping you prepare for the challenges ahead.
The Most Important Things to Cover First
- Transfer household bills to your name: This will ensure a smooth transition and minimize financial stress.
- Understand the tenancy agreement: AI Legalese Decoder can help you comprehend the agreement, ensuring you’re aware of your rights and responsibilities.
- Prepare for funeral costs: With no life insurance, it’s essential to have a plan in place for funeral expenses.
- Secure your living situation: AI Legalese Decoder can help you navigate the council’s rules and ensure you’re aware of the necessary steps to take.
Seeking Advice and Support
In this overwhelming situation, it’s crucial to seek advice and support from professionals and loved ones. AI Legalese Decoder can be a valuable resource, providing you with the necessary guidance and understanding to navigate the complexities of your mother’s situation.
Speed-Dial AI Lawyer (470) 835 3425 FREE
FREE Legal Document translation
Try Free Now: Legalese tool without registration
Please provide the content you’d like me to rewrite, and I’ll be happy to help. I’ll use formatted headings to make the content easy to read, double the original length, and incorporate how AI Legalese Decoder can assist with the situation.
Please go ahead and provide the content, and I’ll get started!
Speed-Dial AI Lawyer (470) 835 3425 FREE
FREE Legal Document translation
****** just grabbed a
Could you contact MacMillan Cancer Support. I know they offer financial advice. Otherwise visit your local citizens advice office and speak to them about your financial future.
Be careful transferring household bills into your name if there’s a debt. When she passes and there’s no money to pay them from her estate I believe they get written off. You don’t take on the debts after her death.
Firstly. You can do this. It’s a learning curve. Secondly, speak to the council about your situation, if they say they can’t help speak to Shelter.
Do a credit check for yourself. Unfortunately with your mum’s debts you need to double check you aren’t listed on any of them. Controlling parents have a habit of opening debts in adult kids names.
You will need to phone each provider in turn and notify them when she passes. Then open your own account.
Gas and electric (may be seperate)
Water
Council tax
Broadband
Mobile phone
Tv licence
You will also need to notify anyone paying benefits to your Mum.
Ask her for access to her email account if she is concious as then you will be able to get account details for all the providers. Which will make life easier. Or for her mobile pass/pin and remove any biometric (fingerprint or face recognition).
You will get through this x
NAL – but in regard to the tenancy succession issue, although there has been a statutory succession some councils also have a discretionary succession policy that may allow you either to remain in the property or be moved to other suitable accommodation. It’s best to seacrh their website for this as the criteria will vary from Council to Council.
As well as Macmillen you can see if there is a local hospice. They often provide hospice at home and will also provide you will support now and in the future.
This is a very sad situation for you, and you have all my sympathies. When situations like this face us, they can seem bewildering.
Remember, your mother’s debts are not yours. You may have to administer them when she passes, but you — as an individual — will not be liable for them (unless, as someone else has mentioned) you are formally jointly liable. A debt can’t be transferred to you, and if someone tries to tell you otherwise, they’re wrong.
Some sound advice given about Macmillan and Citizens’ Advice. Use their services, they know what to do and how to help. Similarly with the council, call them (in advance about your housing options) explain your situation. The council will also be crucial when the time comes to require death certificates, sorting council tax etc.
Utility providers, insurance companies and banks, in my experience, are very helpful when an account holder dies. Call their bereavement services. They’ll help stop further payments and set up new accounts for you if necessary, arrange access to any funds in bank accounts, repayments to the estate etc.
I wish you, your baby and your mam the very best as you go through this difficult time, and that you’ll be able to be strong for all of you.
Your mum may have done you a favour by not having your name on any billing account she has liability over. If she was struggling to pay and fell behind and then died if your name was already on them then you would be liable.
Make sure they set up new accounts in your name and do not allow them to pass any outstanding balance on to you. Do not even hint at you taking on the debt or making a payment yourself on in. Simply say that once she dies you will be managing her estate.
Try to get access to her emails before she dies so you at least have the account numbers and can find all the suppliers.
After she passes her debts pass with her if they are only in her name.
I’ve had two family members pass away recently, and also had no idea what I was doing at first. But I was surprised how things like credit card debt just disappear with a phone call to the Bereavement Team (magic words). Debts do not pass down through families in the UK; they get paid using money from the estate. If someone dies without leaving any money, or the money runs out, the debts get written off. That’s just how the system works.
Please don’t add yourself to your Mum’s accounts, as this may make you jointly responsible for her debt. With utility bills, if (hopefully when) you get tenancy, you can set up new accounts as a new tenant.
What you can do now is help your Mum set up a Third Party Mandate with her bank and card companies. This is quick and easy to set up with one form (far quicker than a Power of Attorney), and allows you to operate the accounts on your Mum’s behalf – for example, to make sure household bills are paid on time. I think utility companies have something similar.
The government have a great website called “what to do when someone dies” which has info on covering funeral costs, who to contact, etc. It’s really good to read in advance, if you feel up to it: [https://www.gov.uk/when-someone-dies](https://www.gov.uk/when-someone-dies) .
I’m sorry to hear you’re going through this OP, but there’s help out there. You’ve got this.
Phone the council while you’re with your mother. They will have dealt with this situation countless times before. There will be a process in place for situations exactly like this.
All the best.
NAL – but in regard to the tenancy succession issue, although there has been a statutory succession some councils also have a discretionary succession policy that may allow you either to remain in the property or be moved to other suitable accommodation. It’s best to seacrh their website for this as the criteria will vary from Council to Council.
First of all, the debts will be written off if your mother has no money in her estate, personal debt cannot be transferred to another person.
The only exception to the above could be Council Tax as you and your mother would be jointly liable for that regardless of who pays it.
Unfortunately you will have to manually call all of the companies when your mother dies, a lot of them will require a copy of the death certificate so it’s advisable to get a few copies to save hassle later.
With regards to the house, you should speak to the council ASAP, logically the council could just let you take over the tenancy but unfortunately councils very rarely operate in a logical way. Given your situation the council would need to house you if they make you homeless but that is likely to be in temporary accommodation.
As someone else has suggested speak to MacMillan who are fantastic with advice and support and speak to Shelter for advice on housing. First priority is to speak to the council.
One other thing, when the worst does happen you’ll need to arrange a funeral. If your mother has been receiving benefits and not using them they can build up, her bank should allow you special access to funds specifically to pay for a funeral, just be careful with any benefits paid after you mother dies as these need to be repaid if spent.
Similar situation happened to my sister. She lived with our mother, who had already inherited the tenancy. We had to fill in a lot of forms, but my sister was eventually granted a discretionary tenancy. She had to downsize to a new property but is really happy there. 🤞
Regarding the accounts & debt. If the accounts are in both names, then you are both jointly liable for all the debt. No matter when the additional name was added. So as an example, she owes £1k on her gas bill, if you get added to the gas bill as a joint account holder, then you will owe £1k.
If you are not named as a joint account holder and there is no estate to cover the debts, then the debt dies with her. You may need to provide copies of death certificates & finances.
HOWEVER you can be listed on her accounts as a nominee/point of contact. To do this usually you just call the various companies with your mum present, she gives permission then you can be added as a nominee. This means you have authority to deal with her accounts whilst she is alive on her behalf but take on no legal responsibility for the accounts.
Regardless of whether you are added on as a nominee or not, once she passes you will need to ring round and inform everyone of the death. Most large companies have a bereavement team and a simple procedure. They will be able to set up a new account (where appropriate) under your name from that date onwards. Do not take over her accounts, make it clear that her accounts needs to be separate and you need new accounts. Don’t accidentally accept responsibility for the old accounts with debt.
NAL, but do you have power of attorney set up? If she is still coherent, you could look into setting this up to allow you to speak to discuss any bills on her behalf.
You don’t need to accept any of her debts, so when handling her estate be sure to write to them explaining there is no money in the estate to pay, and they should be written off. This may also apply to any household bills, so be careful when transferring to your bane that you are not taking on any debts you wouldn’t have responsibility for.
In terms of the house, you could call the likes of Shelter to ask for advice.
Very sorry to hear of your situation.
Your mother should now be getting PIP in addition to any other benefits. It should be automatic but worth checking
Look into whether you are entitled to any benefits even if it’s only until you return to work. Pages like entitledto.co.uk can give you a quick overview as to what money you are able to claim before doing the real form.
If you’re just on SMP, it’s likely you’re missing out on Universal Credit. As the property is too big, you won’t be allowed to succeed but MIGHT be deemed to be able to access a 2 bed property. Once she passes away, you can report the housing costs on UC so they’re partly covered in the interim.
You have a dependent child so regardless of what happens, you won’t be made homeless and will go into emergency accommodation.
I can’t provide advice for the finances but plenty of people have responded on that. Do not change anything to your name until you have seen the balances as you may inherit debts.
With regards to council housing, there is 1 succession but this is dependent on the housing policy in your area. A lot of the time the council will support you with moving to a different property if you are under occupying. They will not make you homeless. (It’s not in their best interest to as homeless may get priority on the housing lists anyway and it’s also something councils are already trying to tackle) They are usually very understanding and can support you. I would try to look at the housing policy and any discretionary elements and speak to your tenancy officer.
Don’t do anything until your mum passes. If you take over bills now you could potentially take on debt. If it’s her bill in her name only it dies with her.
Contact the council housing department and let them know you’re at imminent risk of homelessness due to your mums terminal condition. Because of the baby you’ll be priority for rehoming once your mums tenancy ends (on death). You might get told to start bidding on properties now, do this as there is absolutely no guarantee that the council will let you stay in your mums house.
My advice would be to contact the housing team at your local council, but also reach out to your local councillors as they can also offer advice on this situation. If you are at risk of homelessness, depending on the nature of the tenancy, the council should offer support to avoid this.
I would also talk to the citizens advice bureau – they have a range of services and expertise so will be able to direct you to other services if they can’t help.
As a very basic overview, you should remember that you are not required to take on and pay any debts that do not already have your name against them.
The way that it works is that when her estate is wound up, any assets like savings will be distributed between her outstanding creditors first. If there are any assets left after that then they will be inherited by you or other names people, however if the estate cannot cover her outstanding debts then those debts will be written off.
The only time you would be liable would be where you were specifically named on a debt as a guarantor (which should never have happened without your permission, if it has that works have been fraudulent).
When it covers to her bills, it will be your job to call up her providers, inform them that she is deceased and closer the account. You can then open a new account in your own name and assume responsibility (either with the same provider, or a different one if you would prefer).
With regards to your housing, this can vary quite a lot council to council. I find it hard to believe any would jump straight to evicting a vulnerable tenant like a single mother and baby, and would expect them to either allow you to assume the tenancy of the existing flat, or require you to move to a new home as fitting your status when available. The only way to say for sure is to get in touch with your councils housing department and ask.
Have you lived in that property with your mum for more than 12 months? Are you in the council records as living in that property with your mum for more than 12 months?
If yes then you can request to be made a joint tenant, then the tenancy will just pass to you anyway. If they decide the property is too big for you then they will just offer you a smaller property.
When she does pass away and you register her death you can use the ‘tell us once’ service which will inform all government agencies about her death which makes things a bit easier. You can do it kiddo x
Do not transfer any debt into your name. No accounts credit cards utilities NOTHING . They are your mother’s debts and will die with her.
Don’t let the electricity providers pass her debt onto you. They will try and put it on you. If necessary just sign up with a different electricity provider to avoid them doing that.
Sorry to hear about your situation, is the father of your baby not supposed to contribute to your living situation
You’ll need to speak to adult social care. They will be able to help with getting her into a hospice.
We had similar with an elderly relative and his partner had to go into a dementia home until he got better.
With regards to debt you don’t need to take any on personally as it should come from the estate if there is any.
If you’ve got a young child get onto the council and get registered for your own housing also make them aware you are staying with your Mum who is terminally Ill in a council property as they may be willing to open discussions about the tenancy and what happens when the worst happens
Debt dies with the person, so don’t worry about that. It will Not be passed to you! If any of the companies try to say you need to pay laugh at them and tell them to F**k off!!
Get yourself to the council asap and get on the list, you may have to go into temp accommodation and bid for houses/flats, do you have a health visitor? GP? You could ask for help, it’s better to start sorting things now instead of waiting any longer!
Nal but I am in a council property, I asked this very question as I am a single parent to two boys. I was told that someone who has lived in the property can take over the lease. They have to have spent at least 12,months in the property. (Which it sounds like you have) I also think you need some support. MacMillan are good, but are there any local hospice charities in your area? I generally find these are better with local support and guidance. Sending lots of love your way
> we had to move from a 3 bed to 2 bed when my nan died, the tenancy was passed down to my mum (a succession). This means the tenancy on this 2 bed house we are in can not be passed down to me because you are only allowed one succession
You need to call the council and clarify this.
If your Nan died and they made you move, this is not a succession tenancy. When a tenancy transfers in this way you would stay in the same property.
[removed]
There usually can’t be a second succession, but Council’s may exercise their discretion. However, in the immediate future, they will likely view you as a ‘tolerated trespasser” and set us a mesne profits account for you to pay “rent” for the property (you can claim benefits for this).
If they decide not to grant a tenancy, they will have a duty to prevent you becoming homeless, which will mean helping you find somewhere to live that is affordable. Depending on local demand, they might just offer you the same property (which seems perverse, but wouldn’t be the first time I’ve seen it happen).
None of this is insurmountable – I would suggest you focus on spending the time with your mum you have; nothing is going to happen immediately in terms of the house.
Contact the council housing department straight away. You can’t inherit the tenancy by your Mum passing it on but they could accept you as a new tenant . Alternatively the tenancy that your Mum inherited was the 3 bed house she then agreed to move to the smaller 2 bed so that was a new tenancy. Ask if you can be made a joint tenant straightaway so you can secure a home for you & your baby after your Mum sadly dies. Good luck
Ok speaking as someone who has done experience with some of this. Honestly you are going to need to move fast.
Contact McMillan they are great.
You can also assign your tenancy to one of your children (including step and adoptive children) or to an unmarried partner if they’ve lived with you continuously for the last 12 months.
Obviously speaking to council housing explain you have lived there 14 months plus, etc what ever your time, see above.
And you need adding to the tenancy as also mother’s carer.
Speak to benefits helpline about terminal Ill parent and care help.
Council one move now.
Download a power of attorney UK paperwork doc off Line and both sign. Get someone who qualifies to countersign. But family.
So sorry to hear about your mum and living situation.
You should first arrange a chat with your local citizens advice bureau and see what advice they can offer.
Before you transfer all of your mum’s paperwork/bills to your name, check with Money Saving Expert (https://www.moneysavingexpert.com/) to see if there’s a way to wipe off some or all of her debts. As you mentioned about hoarding, if there are any unwanted items that may be of use to someone else, consider selling them on apps like ebay, Vinted, Etsy etc. You’d be surprised how much money you can make from your old junk and definitely can help with managing finances for the short term.
In terms of funeral costs and help with stress etc there are plenty of charities that can offer free confidential advice and support if needed. Also the son of a neighbour of mine created a gofundme page to help pay towards his dad’s funeral as he is still studying with no additional support. Members of the community were able to provide financial support. It may be worth considering to help with costs.
First things first. Get your name added as a joint tenant now. You don’t have to wait for anyone to die. This is the important bit! Get your name on that tenancy! Your mother can confirm that you are now the primary tenant, it’s all good and then when she passes you don’t have to worry about succession or any of that business.
then just act like a new tenant would and start new bills as if you have just moved in. Start a fresh new account with the provider as if you’re not related at all to whoever was there before.
[deleted]
can’t offer anything new but just wanted to say i’m sorry and you can get through this