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

NYM

The OP husband had Power of Attorney...

https://forums.moneysavingexpert.com/discussion/comment/63349267#Comment_63349267

cattermole

Ooops!!! Take back my other post! Then yes they were responsible whilst she was alive for informing DWP about AA and is personally liable for not doing so!! Assuming she wasn't a self funder.

And that he ended up getting the Lasting Power of Attorney.?!

sueturnersmith

Just to clarify:

The 2k sent to the brother for fares home - was this money paid from MIL's estate, or from your husband's own funds?

cattermole

I cant see it would make any difference Sue if he failed to inform DWP when an Attorney.

sitcom321

Aa was paid from june to sept whilst she was an inpatient. We were unaware we had to inform aa of this as she was fully in charge of her own finances mail etc at this time. We did not have access to anything. My husband got power of attorney in december when she deteriorated. Money was sent to brother for fare from his mothers estate. The money left after all debts paid was 2200 so that is why we sent the 2k to brother as we were unaware she had any other debts. Husband is quite happy to pay the money back on a plan if this is what is required we were not trying to get out of paying anything I just wanted clarification on who was responsible. Thank you all for your replies

silvercar

Sounds like she was responsible if your husband didn't get PoA until a later date. When did DWP inform that the AA shouldn't have been paid and needed paying back?

If that was before she died then your husband should have made arrangements to repay then, given there was money in her account at that time.

If he didn't know at the time, then the savings were there to be distributed after her death, in which case it is up to the executors to collate all debts.

Were your husband and his brother joint executors? Anyone else like a solicitor also involved? It seems unfair that your husband carry the sole responsibility for this, given that effectively he gave all his inheritance to his brother.

sitcom321

Apparantly they had informed her in october last year and were taking the money back at £4 per week. We were unaware of this until we received letter after we informed them of her death. My husband is sole executor so looks like he is responsible

girlsmum

Do the DWP know that she has passed away?
When my dad passed away nearly 4 years ago, he had a DMP in place. despite the fact that he jointly owned a property with my mum (who still lives there) we wrote to all the debtors with a copy of his death certificate and they wrote them all off... not sure that the DWP will do the same, but contact them and see what they say. you can tell them there is no money left from her estate following.

evenasus

NYM wrote: »

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

Which is the reason, I presume, the DWP want their money back.

Mojisola

sitcom321 wrote: »

Aa was paid from june to sept whilst she was an inpatient. We were unaware we had to inform aa of this as she was fully in charge of her own finances mail etc at this time. We did not have access to anything. My husband got power of attorney in december when she deteriorated.

Money was sent to brother for fare from his mothers estate. The money left after all debts paid was 2200 so that is why we sent the 2k to brother as we were unaware she had any other debts.

When your husband became her attorney, he should have made himself aware of her financial situation - how could he manage her affairs if he didn't?

Giving away the last £2k from her bank account without making sure that there were no debts also makes him responsible.

It can be hard to deal with things when a loved one is very poorly but there are legal responsibilities with both roles.