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recovery from estates

my dad passed away in march and at the time.. of his death he was in reciept of pension credit and attendance allowance.He had £5.000 ISA and £5.000 currant account his house was valued at £35,000 but he owed 24,000,I sold the house for £27,000.

I am feeling a bit confused and upset because I have had a letter today from the deptartment for work and pensions Recovery from estates wanting to compare the details of the estate against those held at the time benefit was paid.

what was left of the estate as now been shared amongest the grandchildren. I have sent the form back to them but I am worried what to do next
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Comments

  • nannytone_2
    nannytone_2 Posts: 12,973 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    if benefit was overpaid, it is recoverable from the estate.

    id suggest you recover as much as possible until you know how much might need to be repaid.
  • nannytone is correct, as executor of his estate you needed to be sure that his liabilities had been settled before distributing his assets.
  • avarae
    avarae Posts: 5 Forumite
    all money owed was paid before the estate was shared .this is the first I have heard of this,he passed away march 3rd over 3 months ago as far as I knew he owed them nothing only the one week overpaid when he passed away which I paid back the same week.
  • dseventy
    dseventy Posts: 1,220 Forumite
    avarae wrote: »
    my dad passed away in march and at the time.. of his death he was in reciept of pension credit and attendance allowance.He had £5.000 ISA and £5.000 currant account his house was valued at £35,000 but he owed 24,000,I sold the house for £27,000.

    I am feeling a bit confused and upset because I have had a letter today from the deptartment for work and pensions Recovery from estates wanting to compare the details of the estate against those held at the time benefit was paid.

    what was left of the estate as now been shared amongest the grandchildren. I have sent the form back to them but I am worried what to do next

    The estate should not have been shared out until all matters are closed.

    Suggest you get back the money until the matters are sorted.

    D70
    How about no longer being masochistic?
    How about remembering your divinity?
    How about unabashedly bawling your eyes out?
    How about not equating death with stopping?
  • dseventy
    dseventy Posts: 1,220 Forumite
    avarae wrote: »
    all money owed was paid before the estate was shared .this is the first I have heard of this,he passed away march 3rd over 3 months ago as far as I knew he owed them nothing only the one week overpaid when he passed away which I paid back the same week.

    Thats not quite correct as the DWP are requesting clarification.

    Suggest you follow the advice given.

    D70
    How about no longer being masochistic?
    How about remembering your divinity?
    How about unabashedly bawling your eyes out?
    How about not equating death with stopping?
  • avarae
    avarae Posts: 5 Forumite
    I thought all matters were closed.
  • nannytone_2
    nannytone_2 Posts: 12,973 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    a debt to the 'state' has no time limitations, and they can recover it at any time.
  • avarae wrote: »
    I thought all matters were closed.

    The DWP will write to you once they consider the matter to be settled - you should have waited for this, indeed you should have confirmed settlement of all liabilities in writing. It may be that nothing is owed, but you will not know this until you hear back from them.
  • avarae
    avarae Posts: 5 Forumite
    probate was granted in march and all matters were closed, how could i know this would happen 3 months later
  • dseventy
    dseventy Posts: 1,220 Forumite
    avarae wrote: »
    I thought all matters were closed.

    You might have done, but the people that matter don't consider it closed.

    Its nice to try and hide behind the "I didn't know" thing but the DWP dont have a time limit nor understanding of the circs here.

    Suggest you spend put some energy into getting back the money until its sorted. If your dad was well loved the people benefitting from his inheritance will undertand that he would not want you worrying over this.

    Start it now.

    D70
    How about no longer being masochistic?
    How about remembering your divinity?
    How about unabashedly bawling your eyes out?
    How about not equating death with stopping?
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