Am I liable for my fathers overpaid pension

Mojisola

Celifein wrote: »

OP: You can't just walk away from this.

but someone needs to take responsibility for sorting out his affairs.

There's no legal obligation for anyone to sort out an estate.

It is possible to just walk away and, if the estate is likely to be insolvent, that's the advice a professional will give you.

Mojisola

Marcos74 wrote: »

I recently lost my job and moved back to my fathers home in Spain.

I have been working in the UK for the past 2 years and have just moved back to Spain only to discover this.

Celifein wrote: »

Under normal circumstances, I'd agree with you, but not in this case.

Maybe I've misread, but it sounds like the OP shares a rented property with their Dad and they've been allowing the rent and bills to continue coming out of the Dad's account for 11 months after he passed away instead of transferring everything into their own name. That's why I don't think it's a good idea to walk away. They're not liable for debts against the estate, but they are liable for the 11 months worth of rent and bills. This needs to be fixed.

It looks as if the property has been empty and the bills have just been paid automatically.

teddysmum

..and ,as the landlord probably doesn't know of the death, he is entitled to the rent, because he has not been able to let the property to another client.

Mojisola

Celifein wrote: »

If the property is also in his name, then wouldn't he be liable for the bills and rent after his Dad passed, regardless of whether or not he was living there?

Yes - missed that in all the information.

What a mess! As he is also a tenant, he would indeed have to pay the back bills.

silvercar

teddysmum wrote: »

..and ,as the landlord probably doesn't know of the death, he is entitled to the rent, because he has not been able to let the property to another client.

If the Dad was the sole tenant then the rent would be due from the estate of the deceased.

Any payment between the son and the estate of the deceased would be a separate issue.

Curlylady

This may or may not help. My mother passed away leaving a proprty and post office account in Italy. She was domiciled in the uk. There was a uk will but not in Italy, there are strict sucession rules in Italy and you become a forced heir regardless. This means taking all debts & responsibility for the deceased assets. I too have taken on a lawyer, as this is a situation to be sorted. She didn't receive a pension in italy but they discovered an amount that was paid years ago and they reclaimed it from me, 9 weeks after her passing. The DWP have so far taken the last 6 months evaluating what sum they wish back, even though over payments have been paid prior to her passing. You really can't ignore any of this, notifying the correct people departments is a must. Especially if in Spain is similar to Italy. The law is complex but there is assistance out there with English speaking professionals. Fortunately I am the executor & have been able to work through this for my siblings. Good luck