DWP claim against estate

Legacy_user

My brother recently died. He was a widower and his immediate next of kin is his daughter who lives abroad. He was unemployed for a long time on benefits and lived in social housing which has been emptied and returned to the landlord.
He died without a will and from what I understand his assets were below the threshold for probate and just about covered the funeral costs with a small amount left over.
A redirection (to me) was set up for his post so that any outstanding utility bills could be settled and now a letter has come in from the DWP saying they are making a claim against his estate and asking for the name of the executor.
There isn’t an executor as there’s is no will but do I just pass on my nieces details so they can contact her? I just want to understand the process before letting her know about the letter.

Thanks

Keep_pedalling

It sounds like you have already intermeddled, so in effect you are the executor. If you are currently holding the remainder after funeral costs don’t do anything with it until this is resolved.

https://sasdaniels.co.uk/blog/2017/02/27/i-know-i-intermeddled-executor-i-can-still-renounce-role/

In one of your other threads you said you and your brothers were to inherit your fathers estate. It sounds like this is where the DWPs claim is coming from if he was still claiming means tested benefits after his inheritance. What did he do with that money?

TELLIT01

It could be for something as simple as recovering benefits which were released by DWP after his death but before the death was registered or DWP knew of the death. As you have received the letter probably the quickest way to resolve things would be to contact DWP and explain the situation. They may be able to give guidance as to who is responsible for sorting things in this situation. A person dying with no will and limited assets is something they must come across on a regular basis.

System

Keep_pedalling wrote: »

It sounds like you have already intermeddled, so in effect you are the executor. If you are currently holding the remainder after funeral costs don’t do anything with it until this is resolved.

https://sasdaniels.co.uk/blog/2017/02/27/i-know-i-intermeddled-executor-i-can-still-renounce-role/

I’ve never heard of Intermeddling before and am certainly not taking on the role of dealing with DWP. My niece came home to arrange everything. That included arranging and paying for the funeral, and sorting out his personal effects and using the governments Tell us once bereavement service. I never thought that setting up post redirection could put me in the position of becoming an executor. Can they refuse to deal with my niece and compel me to deal with everything? It was so hard dealing with my dads estate I don’t know if I can do it again

xylophone

My niece came home to arrange everything. That included arranging and paying for the funeral, and sorting out his personal effects and using the governments Tell us once bereavement service.

Your niece has taken on the role of Personal Representative but gave your address (as a "care of") to the utility companies and the DWP?

Did your brother receive a lump sum after the house you inherited from your father was sold in 2016?

System

The post was addressed to the Personal Representatives of my brother but at his address then redirected to my address. I suppose they don’t know his post is being redirected anywhere so I could ignore the letter but I’m a worrier and would prefer not to end up in trouble if at all possible

My brother did get a lump sum when dad died but I believe his benefits were reduced accordingly at the time

TELLIT01

Nobody can force you to take on the role of executor. Contact DWP on Monday and tell them you are not the executor but received mail forwarded from your father's previous address. Give them your niece's address as the contact. It's not your problem if she is living abroad and DWP have trouble contacting her.

Keep_pedalling

Pam17 wrote: »

Keep_pedalling wrote: »

It sounds like you have already intermeddled, so in effect you are the executor. If you are currently holding the remainder after funeral costs don’t do anything with it until this is resolved.

https://sasdaniels.co.uk/blog/2017/02/27/i-know-i-intermeddled-executor-i-can-still-renounce-role/

I’ve never heard of Intermeddling before and am certainly not taking on the role of dealing with DWP. My niece came home to arrange everything. That included arranging and paying for the funeral, and sorting out his personal effects and using the governments Tell us once bereavement service. I never thought that setting up post redirection could put me in the position of becoming an executor. Can they refuse to deal with my niece and compel me to deal with everything? It was so hard dealing with my dads estate I don’t know if I can do it again

Thanks for the clarification, it is therefore your niece who has intermeddled and who is the executor.

Still puzzled why his estate was so small after receiving what sounds like a substantial inheritance a couple of years ago.

System

Keep_pedalling wrote: »

Pam17 wrote: »

Thanks for the clarification, it is therefore your niece who has intermeddled and who is the executor.

Still puzzled why his estate was so small after receiving what sounds like a substantial inheritance a couple of years ago.

After dad died I know he was considering giving some to his daughter but I don’t know if he did because his wife became seriously ill and ended up in a hospice. My niece was getting married and had to come home from Australia to marry because her mum was so ill. He certainly contributed to the cost of that and then his wife died shortly afterwards and he had a funeral to pay for.

Keep_pedalling

Pam17 wrote: »

Keep_pedalling wrote: »

After dad died I know he was considering giving some to his daughter but I don’t know if he did because his wife became seriously ill and ended up in a hospice. My niece was getting married and had to come home from Australia to marry because her mum was so ill. He certainly contributed to the cost of that and then his wife died shortly afterwards and he had a funeral to pay for.

The problem will be that from his fathers probate the DWP will be aware of the inheritance, so if he was receiving something like pension credit or housing benefit, then his increase in assets should have been declared.

TELLIT01

The whole thing could be academic anyway. If the father had very little at the time of death there is no way DWP can recover anything apart from the small residue left after the funeral was paid for. Executors are not responsible personally for the debts of the deceased.