DWP asking for info after mums death

Snowy2012

CouponWoman wrote: »

When someone died intestate the next of kin would normally sort out the deceased estate.

As your mum had no partner, no savings, then all debts and liabilities should die with her.

However if she left an estate, ie insurance policies, savings, stocks & shares, property, valueables, jewellery etc then all debts come out of this even when there is no will. Funeral costs have first dibs at any estate.

All you can do is write to your mums creditors saying she left no will, no partner, no savings or money and they should cancel the debts.

xx

Thanks CouponWoman - She died with just £400 in her bank - All her furniture etc was thrown out (as it was worthless) - She lived in rented property and that was that!

The only thing that worries me is, after having read the DLA rules afterwards, she should have notified them she was in hospital. Basically she wasn't entitled to any of the DLA for the last four months yet she still spent it whilst in the hospital.

It's a bit of a strange situation really. Although she was in hospital long term she was pretty "well" - IE: She was sat up in bed watching TV, reading the papers and firing off orders to me on the phone (bring me cakes, bring me sandwiches, bring me bottles of water etc etc... LOL)

In fact she was due to come out of hospital (again) when she died suddenly of a cardiac arrest (no-one expected it).

I think she became a little "too used" to being in hospital and didn't want to go back to living on her own. In fact, just days before she died she told me "I like it in here!"

So, although I drew the majority of the money out of the bank for her, she certainly didn't spend it on me! She did treat me to the occasional tenner but nothing more extravagant than that! However, as I was the person who drew the majority out of the cash machine am I now liable for it (even though it was given to my mum in cash) ?

Snowy2012

vax2002 wrote: »

Obviously not wanting to upset, but I would write back telling them to write to the person who had the claim, it was not you and you can offer no help as you are not executor of any estate.
You dont have to correspond with them beyond that.

That's kind of what I planned to do to be honest but wondered if it was legal? I said I was "next of kin" when I went to register the death. I am also the one to whom the £400 from her bank was paid to.

vax2002

Snowy2012 wrote: »

So, although I drew the majority of the money out of the bank for her, she certainly didn't spend it on me! She did treat me to the occasional tenner but nothing more extravagant than that! However, as I was the person who drew the majority out of the cash machine am I now liable for it (even though it was given to my mum in cash) ?

And how have they found this out ?
Ever heard the term loose lips sink ships ?

antrobus

Snowy2012 wrote: »

....

The questions I have are as follows :

1. Can I refuse to fill the forms in on the basis that I simply don't want to ?

2. If I do fill them in correctly, can they come to me to recoup the overpaid DLA etc? Please bear in mind that Mum died completely penniless......

Fill in the DWP form correctly.

If the DWP subsequently contact you and claim that your mother was overpaid any benefits and demand repayment, you inform them that she died leaving an insolvent estate. (Assets comprising £400 in her bank account versus a funeral cost of about £2000.).

Do the same with the housing association, British Gas, or whoever else claims that there is a debt due from your late mother. All your mother's debts died with her; there is no recourse to anyone else.

Snowy2012

vax2002 wrote: »

And how have they found this out ?
Ever heard the term loose lips sink ships ?

I'm not sure what you mean to be honest!

vax2002

Filling in forms for other peoples affairs is not good advice.
The person claiming the benefit was responsible for the claim, nobody else and once that money is paid to the claimant, what they decide to do with it is not of any third party interest .
Tell the DWP they will have to seek the executer of the estate.
As it had no assets, it did not have one.
Sign nothing, especially declarations or statements.
You had no contract with them for your mums benefits, do not agree to represent one now.

Snowy2012

vax2002 wrote: »

Filling in forms for other peoples affairs is not good advice.
The person claiming the benefit was responsible for the claim, nobody else and once that money is paid to the claimant, what they decide to do with it is not of any third party interest .
Tell the DWP they will have to seek the executer of the estate.
As it had no assets, it did not have one.
Sign nothing, especially declarations or statements.
You had no contract with them for your mums benefits, do not agree to represent one now.

I'm with you This is exactly what I think should be the situation as well. To be honest, the thought of filling out the form is upsetting enough but then I would also have to go down the route of contacting the hospital and finding out admission dates etc... I just don't want to do that!

However, I am only worried as I am the one whom the bank paid out to (and I had to sign to indemnify them against any claims)

Whiteknight

You have been recorded as next of kin so just fill in the form and send it back. The DLA would have stopped after she had been in hospital for 28 days and if she was getting the middle or higher level of care and lived alone without anyone getting paid Carers Allowance for her she would also have lost any Severe Disability Premium at this time.

As others have said she did not have the money when she died so how can it be paid back but that is no excuse to be obstructive. If they had underpaid her you would be ready to accept any payment due!

Have to mention the money it does seem highly suspicious that she had such limited monies at death as being in hospital her expenditure would have been greatly reduced (even after your explanations) with her rent being paid by the local authority. It would be interesting to take a look at her bank statements for the last few weeks before she passed away to see how the money was withdrawn.

Personally I think the family helped themselves to what they could when they could.

Eager_Elephant

I think you should just complete the forms as best you can and as someone else said if they write to you with an Overpayment then you just need to confirm that there was no money in the estate.

DWP, Housing Associations, Utilities - everyone really will hear this on a daily basis and the debt will be written off.

Maybe you could send a copy of her final bank statement showing the lack of money.

Not completing the form makes you look guilty and they will continue to hound you.

Icequeen99

Who paid the rest of the funeral cost? Was there a policy or something?

I would suggest that you just fill in the form and give the DWP the information they require, otherwise you will find your situation far worse than it is now.

IQ