DWP claiming back Attendance Allowance from estate

Mojisola

shevek wrote: »

however, we already own 50% of that property that we inherited from my mother-in-law several years ago and we owned it with my father-in-law as tenants in common.

tomtom256 wrote: »

his 100% of the house, it was always in the parents names.

??? .....................

charlieismydarling

Is Andy back?

g6jns_2

It would help people advise if you gave the following information. Did your MIL leave a will and was the estate administered correctly? I ask because the executors should have dealt with the change of the Land Registry entry. Assuming they did not then that needs to be sorted out without delay. If the executors were negligent, as it seems they may have been then they are liable for the cost of sorting out and any losses the estate incurred as a result. If the DWP claim is correct then it will have to come out of your FIL's estate. This is part of his executors responsibility. There is plenty of help available here but the more information you can give the better.

tomtom256

Mojisola wrote: »

??? .....................

No but if you read about ownership within the thread you will see they cannot own 50% at this time, hence the OP's late father owns 100% of the property in question on paper in the eyes of the law.

margaretclare

Shevek wrote: »

Well, yes & no, that's where it gets more complicated.

My f-i-l had an outstanding mortgage on the property when m-i-l died and he didn't want us to share that so the deeds were never changed.

They still show f-i-l & m-i-l as tenants in common.

That being the case, the survivor was the owner, 100%. No one else. So, you do not 'already own 50% of the title'.

Payment of care home fees is down to the individual who is using that service, not family members, not spouse. If he was paying his own fees then he was still entitled to AA. Any debts would come out of his estate.

p00hsticks

margaretclare wrote: »

That being the case, the survivor was the owner, 100%. No one else. So, you do not 'already own 50% of the title'.

sorry, margaretclare and tomtom256, but I think you are both wrong in this case. If the property had been held as 'joint tenants', where both parties own the whole of the house, then on one parties death then the ownership of the property would have automatically fallen to the survivor.

But here, the OP says that the property was owned as 'tenants in common'. Which means that each party owned one half of the house (or possibly different proportions, but let's not complicate matters) and could leave it to whoever they wanted in their will.

From what the OP says, the MIL willed her share of the property to her children, although the deeds of the house were not amended to reflect this when her estate was wrapped up. As far as I 'm aware this oversight doesn't mean that they lose their inheritance - they just need to go back and get the deeds amended to correctly reflect the will.

The FILS estate therefore consists of half the property only (plus any other effects he may have had) and the DWP are within their rights to clain the overpaid allowance back from this estate.

margaretclare

p00hsticks wrote: »

sorry, margaretclare and tomtom256, but I think you are both wrong in this case. If the property had been held as 'joint tenants', where both parties own the whole of the house, then on one parties death then the ownership of the property would have automatically fallen to the survivor.

But here, the OP says that the property was owned as 'tenants in common'. Which means that each party owned one half of the house (or possibly different proportions, but let's not complicate matters) and could leave it to whoever they wanted in their will.

From what the OP says, the MIL willed her share of the property to her children, although the deeds of the house were not amended to reflect this when her estate was wrapped up. As far as I 'm aware this oversight doesn't mean that they lose their inheritance - they just need to go back and get the deeds amended to correctly reflect the will.

The FILS estate therefore consists of half the property only (plus any other effects he may have had) and the DWP are within their rights to clain the overpaid allowance back from this estate.

It's either one or the other. In one place it is stated that the 'deeds were always in joint names', left that way after MIL's death which makes FIL - the survivor - the sole owner. If in fact the title was tenants-in-common, of course the situation is as you describe.

I am not sure the title (the deeds) can be amended retrospectively. MIL seems to have willed her share of the property to her children, but if the deeds remained as a joint tenancy then she had no 'share' to will to anyone. MIL seems to have been misinformed. Does the fact that she made a will stating something erroneously over-ride the title in joint names? That seems to be the nub of the question.

SandraScarlett

MIL died and left her share of the house to the OP and his DW. FIL died last year, having spent 2 and a half years in a CH. OP says he and his DW live in the house.


Did they move in prior to FIL going to a CH? Did FIL not know they were living there? Was FIL still paying the mortgage? How come the LA was paying part funds, FIL was supposed to pay the balance, but didn't?


I'm sure the CH wouldn't let £30K in unpaid bills just mount up, without questioning it! Too many ifs and buts and shades of you-know-who!!


xx

margaretclare

SandraScarlett wrote: »

MIL died and left her share of the house to the OP and his DW. FIL died last year, having spent 2 and a half years in a CH. OP says he and his DW live in the house.


Did they move in prior to FIL going to a CH? Did FIL not know they were living there? Was FIL still paying the mortgage? How come the LA was paying part funds, FIL was supposed to pay the balance, but didn't?


I'm sure the CH wouldn't let £30K in unpaid bills just mount up, without questioning it! Too many ifs and buts and shades of you-know-who!!


xx

Yes, but if title to the house was still as joint tenancy then MIL did not have a share of the house to leave! In a joint tenancy both spouses own the house and the survivor becomes the sole owner, 100%.

It seems a bit odd, however, that MIL was able to make a will - presumably drawn up by a qualified solicitor - and whoever drew it up didn't know that there was a joint tenancy in place.

We know about this, because DH and I have a joint tenancy - that's the way we want it. We also have a will each and our solicitor contacts us every 5 years to ask if there are any changes we want to make.

shegar

charlieismydarling wrote: »

Is Andy back?

This thread is becoming to "stink" of andy/flo , full of lies , best to stop "trying to help him" , winding everyone one up as usual.......What satisfaction do he get out of making new rubbish threads ?...Dont understand why he does it .............