Mother died and now accused of fraud what can we do?

samja1

So sorry for lack of forum or pension knowledge. Any advice welcome. My mother in law died last month. My father in law died 10 years ago. SHe was receiving about £200 a month in her bank account from his pension provider since he died.

Now she has passed away and my husband and his brother are trying to sort out the finances etc. They wrote to pension people to tell them she had died and they sent a nice condolences card and a letter to say they would start to pay the pension to her husband...........When they rang to say he died 10 years ago which was why she was getting the pension they said they couldnt find any record of her informing them of his death and so we must pay back all themoney and more because it was fraud. They must have known he had died else they wouldnt have changed the person they paid the money to.

We are really confused and scared about this.

What can they do?

Thank you.

Samja1

wotsthat

What can they do?

Nothing. Tell them to take her to court.

It's probably worth talking to a solicitor even if it costs a few £.

samja1

Thank you. I will pass that on to my husband. He is very upset by it all.

Samja1

peter999

samja1 wrote: »

So sorry for lack of forum or pension knowledge. Any advice welcome. My mother in law died last month. My father in law died 10 years ago. SHe was receiving about £200 a month in her bank account from his pension provider since he died.

Now she has passed away and my husband and his brother are trying to sort out the finances etc. They wrote to pension people to tell them she had died and they sent a nice condolences card and a letter to say they would start to pay the pension to her husband...........When they rang to say he died 10 years ago which was why she was getting the pension they said they couldnt find any record of her informing them of his death and so we must pay back all themoney and more because it was fraud. They must have known he had died else they wouldnt have changed the person they paid the money to.

How old was your mother ??
How old was your father in law 10 years ago ??

Was this your father in law's pension & was he getting this pension when alive ??

Who notified pension provider 10 years ago & how ??

The fact that pension payment was changed to your mother from pension owner (father in law), indicates they have been notified of major change.

Sounds like someone has made mistake 10 years ago or there has been a misunderstanding.

peter999

jobbingmusician

It also sounds to me as if EVEN if your mother had been guilty of fraud (and it doesn't sound as if she was) there is no automatic conclusion that YOU (or your husband) should have to pay the money back. They are definitely trying it on!!!!

wacko911

The £200 sounds like it was being paid to your father as he had retired and the money was going in to a joint account?

Then when he passed away, the account would have became a single account but the account number and sort code would have remained the same.

Unlucky for the pension company.

Babysoft

Would they not be able to claim it from the deceaseds estate??????

Dumyat

you need to take legal advice about this. I take it she would probably have been entitled to a reduced pension as his spouse.

hardpressed

Possibly. I know of someone who was receiving Pension Credit, somebody trying to be helpful, had fill in the form for him and he'd signed it, when he died the Pensions people claimed it back because his saving was a few pounds over the limit. It had to be payed out of the estate.

poppy_f1

do you still have the letter confirming that the pensino will be paid to your mother
cos if you do then its possible they have no chance of reclaiming any money

dunstonh

They do have the ability to put a claim in against the estate. It would be classed as a debt and the debt will be paid from the assets of the estate.

Just because she has passed away, doesnt mean nothing has to be paid.