probate government trying to claim money from decease persons estate

maryrose_2

has anyone ever been made to pay money back to the government from a deceased persons estate?
My mother who had disabilities (eg blindness)
We found she had money in an account we were unaware of £26,000 and she had care x3 times a day to help her with drugs, dressing, washing etc
My feelings are she was entitled to this care through the government - as anything other than the care would have resulted in her going into a home.
What is the situation with regard to the government making a claim on the £26,000 shared between me and my brother.
Can I argue against them claiming anything back?
Has anyone any advice for me - just as a for instance, I purchased a 2nd car 2 years ago to help her get about, as my primary car has only 2 seats and was unsuitable, my fear is this will be ignored by the goverment, and yet she presumably could have claimed for mobilitity allowance.
Can any one help me with advice on this and how to stop them clawing back money from my mothers estate?

chevalier

Hi there
Was this money that she had saved before she died. Or was the money found a result of a policy paying out Ie did she have the money before or after she died.

If before then the government could argue that she had too much savings for the benefits she got, and was therefore overpaid. BUT I don't know how this works when they are trying to claim from the estate? My first port of call would be the CAB on Tuesday.

Has the estate gone through probate? If it has I can't see how there would be any money to claim, as it is now yours ?

There is a benefits board here
http://forums.moneysavingexpert.com/forumdisplay.html?f=139
where they may have come across this problem before if you post your question there as well.

Best of luck
chev

CLAPTON

basically, if she had more than 18k in saving (or there abouts) she would have had to pay for her own 'care package' although she may have been entitled to attendance allowances.

There should have been a financial assessment (you could try asking the social services )... it has been found though that often the financial assessments are not always correct and then the money is reclaimed at probate time.