will we have to pay MIL debt now she has died?

pmlindyloo

Unfortunately the executor (administrator) is personally liable if things have not been done correctly. All debts should have been paid before any distribution of other assets.

See here:

http://choruslaw.co.uk/faqs

The main thing to do at this point is to find out why the DWP is saying that your MIL owed this money. You need to write and ask for a breakdown of the debt. This way you can check if they are correct. (You can telephone first but follow up with a letter. Make a note of the date and the name of the person you spoke to and a record of what they said. Read back to them what they told you so you haven't misheard/misunderstood)

If the overpayment is correct then I am sure you will be allowed to make some kind of repayment plan.

sitcom321

We informed everyone pensions etc asap after her death and were obviously unaware she owed anyone anything. The overpayment has come from her receiving aa allowance whilst being an inpatient. We never informed them and didnt know u had to. Anyeay the fact seems to be the debt had to be repaid somehow so we will c what dwp suggest and work out a plan with them thanks for ur replies

pmlindyloo

sitcom321 wrote: »

We informed everyone pensions etc asap after her death and were obviously unaware she owed anyone anything. The overpayment has come from her receiving aa allowance whilst being an inpatient. We never informed them and didnt know u had to. Anyeay the fact seems to be the debt had to be repaid somehow so we will c what dwp suggest and work out a plan with them thanks for ur replies

Just check that they have got the overpayment correct. In most circumstances you can continue to be paid for 28 days whilst in hospital.

http://www.turn2us.org.uk/information__resources/benefits/illness,_injury_and_disability/benefits_and_hospital.aspx

Mojisola

£1500 AA overpayment is over four months of high rate payments - how long was she an inpatient?

silvercar

Who were the executors? If it were your husband and his brother jointly and you can show the money went from MIL's account to the brother directly, I would be inclined to say that the brother was dealing with this and supply his address overseas. Reasonable chance the DWP will see that this isn't something worth chasing.

Note that Power of Attorney is different and ceases on death, so if your husband held PoA, that is not relevant.

xylophone

We never informed them and didnt know u had to

It is specifically stated on the award notice that the DWP must be notified?

missapril75

xylophone wrote: »

It is specifically stated on the award notice that the DWP must be notified?

If they were aware of them. There's nothing to indicate appointeeship or even informally acting on her behalf prior to death.

evenasus

Mojisola wrote: »

£1500 AA overpayment is over four months of high rate payments - how long was she an inpatient?

This thread my throw some light on matters.
https://forums.moneysavingexpert.com/discussion/4782036

NYM

evenasus wrote: »

This thread my throw some light on matters.
https://forums.moneysavingexpert.com/discussion/4782036

Ooops ! So it would appear that the AA has been paid since the end of September 2013. :eek:

cattermole

Still all a very stressful situation for family. Should not Social Services or Nursing home have given advice on benefits?!

If the OP/other half was not an appointee not their responsibilty. If estate under £5000 and no will things are unclear.

I would write to DWP and say you were not an appointee, paid out costs in good faith at the time and are therefore not responsible for debt.

Assuming here they were not self funding in nursing home as if they were would still have been entitled to AA.