DWP want money from some one who's Deceased.

[kevb0444]

Hi. My Mother-in-law's father died at the begining of the year and she got a letter today from the DWP saying that they had over paid her fathers pension and other benifits from last year and that she had to pay them back. Can they do this? Her mother is still alive and was his next of kin (not that it should make any difference) so why are they asking her for the money?

[trulli]

Hi,

Don't know if this of use but 'debts' are written off when you die unless there is any funds or estate to pay them.

[Ethel]

Debts are not 'written off' when a person dies. They will always leave something of value and creditors will try to recover the money if they possibly can.

I can't understand why the DWP are asking your mother in law for the money, unless she was an executor of the will or had power of attorney over her father's affairs.

Tell your mother in law to contact the DWP.

[trulli]

Debts are written off if as I said if there are no funds or estate left (and no one is willing to pay). I used to work for a catalogue company we always had to try and get money from the estate or see if anyone was willing to pay if not the debt was written off. No one can be held responsible for a deceased person's debt by law (unless of course they were joint debts)

[WendyS]

If your mother in law was her deceased father's executor (or even if a solicitor was the executor) they should obviously have contacted the DWP on his death and ascertained whether any benefits had been overpaid before distributing any savings of assets which were left. The money will have to be paid back and it's is the executor's responsibility to deal with this.

[dzug]

If your MiL's father left sufficient money (after paying the funeral bill) when he died to make the repayment, then it has to be repaid even if your MiL has spent the money since.

If he didn't leave enough, then she doesn't have to pay. She will have to convince the DWP of this.

They are asking her because she is next of kin. If there was a will that went to probate, the problem can be passed on to the executors - but she may still owe the money.