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Dad died DWP already asking for money

(57 Posts)
tossedsalad Fri 15-Dec-17 19:25:07

My Dad died on the 22nd Nov. He was overpaid his pension credit to the sum of £5,000 which they are now trying to recover from my mum who he was seperated from for 16 years. Can they do this? My mum has dementia and is panicking.

Hauntedlobster Fri 15-Dec-17 19:30:41

Were they still married at the time of his death? Id contact CAB before going any further.

MaggieFS Fri 15-Dec-17 19:33:36

Sorry for your loss. Where was his pension paid into?

tossedsalad Fri 15-Dec-17 19:35:56

Legally separated, they sold their house years ago and separated all finances but not divorced. His pension went into his bank.

scrabbler3 Fri 15-Dec-17 19:41:00

Was there any money in his estate when he died? i know that HMRC debt has to be paid off before the estat is distributed, not sure re DWP. Maybe contact his solicitor, if there was one?

Glowerglass Fri 15-Dec-17 19:45:24

I'd have thought that the debt died with him if there is not enough in the estate to cover it.

That was what I was advised when my father died. (There was enough in his estate to cover his overpayment as it turned out.)

tossedsalad Fri 15-Dec-17 19:50:24

Yes, just under 6,000 which me and my sister have shared as per my dads wishes. We were disputing the overpayment as it was their mistake when my dad took ill. It's not a lot of money and I'll be damned if those idiots are getting it!

Snowinhell Fri 15-Dec-17 19:51:56

This will be dealt with by the Executors of his Estate. Although they are asking for the money, they will not expect it just yet. They cannot take money overpaid to him from your mum.

Do you know who is dealing with your Dad’s affairs? Of so contact DWP and give them the details. Also inform them of umpires Mum’s illness.

RandomMess Fri 15-Dec-17 19:52:10

Surely his estate shouldn't have been distributed when you knew there was a debt albeit in dispute!!

Snowinhell Fri 15-Dec-17 19:52:45

Don’t know where umpires came from,.

TotallyConkers Fri 15-Dec-17 19:54:54

OP all debts have to be paid from the estate before money can be distributed to any beneficiaries.

MaggieFS Fri 15-Dec-17 19:55:06

Sorry to say OP that it should be repaid from his account. The process is that debts (which this would unfortunately count as) to be settled, then confirmation from HMRC if IHT is due/not and only then can the estate be distributed according to the will.

HopelesslydevotedtoGu Fri 15-Dec-17 19:59:45

But as he had money in the bank then that should be used to pay any debts before the money is distributed to you and your sister. So you and your sister should repay this money from the money you received.

I'll be damned if those idiots are getting it!

Who are those idiots??

TotallyConkers Fri 15-Dec-17 19:59:55

If you were the executor of the estate and have distributed monies without paying debts then they can claim that from you. Whilst I understand it may be upsetting any debts can be chased after death (within a certain time assuming all notices have been issued). If you knew there was a debt (even if you disputed it) then the estate should not have been distributed and they can still pursue the debt.

Hauntedlobster Fri 15-Dec-17 20:00:11

hmm no they won’t take it from your mother, it should have come from your fathers estate. Massive drip feed there.

TheOtherClass Fri 15-Dec-17 20:02:17

I'm very sorry about your loss. thanks

It sounds like you should pay the the money back. Even if it's their mistake there was an overpayment it doesn't mean you get to keep it either legally or morally. If you try and keep the overpayment then someone else who needs the money and who is genuinely eligible for it won't have it. I know your Dad would have liked you to gave it but it wasn't his to gift.
If you were already disputing the overpayment then it's not as though you will be able to claim you were unaware of it.

tossedsalad Fri 15-Dec-17 20:02:42

6,000 is hardly an estate. They made the mistake, the harrassment of my dad from them put him under enormous stress.

TheOtherClass Fri 15-Dec-17 20:04:59

6,000 is hardly an estate. They made the mistake, the harrassment of my dad from them put him under enormous stress

That may be true but still doesn't mean you can keep the money. You acknowledge that they have made an overpayment so I can't see your logic that you deserve to keep it.

Fishfingersandwichnocheese Fri 15-Dec-17 20:05:28

Yes but the money was an overpayment and therefore doesn’t belong to you or your sister. It needs to be paid back.

I’m still yet to receive my small monetary payment when my relative died as all debts had to be settled first ! It’s been 3 months.

Hauntedlobster Fri 15-Dec-17 20:06:54

anything can be an estate - it just means possessions etc.

PersianCatLady Fri 15-Dec-17 20:07:48

You can't take the £6,000, it isn't your's.

TotallyConkers Fri 15-Dec-17 20:10:00

OP it isnt a lot of money to you but it all adds up so they can't just wipe off every mistake. I say this as someone who has to pay back an overpayment as an executor so I have looked into all the legal aspects of distributing an estate to make sure what I did was correct.

I suspect once they realise that there was money to pay the debt and find out where it has gone they will pursue you and your sister.

PersianCatLady Fri 15-Dec-17 20:11:02

It doesn't matter that you don't class £6,000 as an estate or that the DWP caused stress to your father.

You can't justify taking this money.

ShoesHaveSouls Fri 15-Dec-17 20:12:19

Hi, I'm so sorry for your loss. I lost my DDad in November 2014, and it's an awful time to lose someone.

We had this when my Ddad died, and we had to repay the pension overpayment before distributing the estate.

I'm sorry, but you will need to pay this sum. They're not going to let it go -
It was an overpayment, so never your Dad's money. But do check if there are any other benefits/grants that can be offset against it. My Ddad did had a funeral grant (about £1000) as part of his pension - they deducted that from the total owed.

wishingitwasfriday Fri 15-Dec-17 20:30:10

You and your sister need to pay the debt. Whilst you always hope your parents will leave you something in their will, you can't legally claim anything until debts have been paid.

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