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being an executor- dept of work & pensions problem
When my father in law died earlier this year I found out that I was the only surviving executor in his will and so I had to sort out his estate. He had no property but after I paid funeral costs and flat clearance costs there was just over �2000 in the estate from investments, bank accounts and life insurance policies. I shared the money out according to the will and some family members got a few thousand pounds, some grand children and his carers got �250 each and nearly �1000 went to the local church. It wasn't much fun but at least I got nearly �3000 for my trouble. Lucky you, you might think. But now the department of work and pensions head office people have wrote to me saying that as he had these investments they have worked out he was overpaid pension benefits for many years. So they want nearly �10000 back and they say that as I was executor I need to get the money from the estate. This means getting it back from everyone who got money from the will! I've had enough. Do I need to go through this? What should I do?
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Did you place an advert in your local paper stating that you was the executor of your father in laws estate? The advert would have had to state that anyone with any interest in his estate must get back to you within a specified time & if they didnt then they dont have a claim, but if you didnt place an advert they can make a claim. Best get proffesional advice on this one.
I did work for the DHSS, what used to happen was that when a will went through probate the local office was notified that the estate was worth a figure between x and y.
The local office checked to see what benefits were in payment, if any means-tested benefits were in payment and if any savings were less than the estate then a letter was issued to the executor asking for details of how the estate figure was calculated and asking for a delay in payment of the estate.
The life assurance can not be included in savings and investments as it was not available to him.
Do you have a letter showing how this overpayment has been calculated, if so see if the figures used are correct.
Go to the Citizens Advice Bureau, they will calculate any overpayment and contact the Department on your behalf, unfortunately as executor you are responsible for repaying any debts due to the estate.
It looks like the overpayment is now calculated without having a breakdown of the estate, probably hoping right or wrong it will be paid without question.
The local office checked to see what benefits were in payment, if any means-tested benefits were in payment and if any savings were less than the estate then a letter was issued to the executor asking for details of how the estate figure was calculated and asking for a delay in payment of the estate.
The life assurance can not be included in savings and investments as it was not available to him.
Do you have a letter showing how this overpayment has been calculated, if so see if the figures used are correct.
Go to the Citizens Advice Bureau, they will calculate any overpayment and contact the Department on your behalf, unfortunately as executor you are responsible for repaying any debts due to the estate.
It looks like the overpayment is now calculated without having a breakdown of the estate, probably hoping right or wrong it will be paid without question.
Have you heard the saying " getting blood out of a stone" ?.
My father died with a few debt's, one of which was to a previous care home that nearly killed him, that we refused to pay his care fee's until he was moved.
His debt's died with him...closed book.
The DWP can jump for there money in my opinion, it's ok to give Polish workers money for children that don't even live with them in the UK, but try and claim money back off easy targets.
As I said " you cannot bleed blood out of a stone"
My father died with a few debt's, one of which was to a previous care home that nearly killed him, that we refused to pay his care fee's until he was moved.
His debt's died with him...closed book.
The DWP can jump for there money in my opinion, it's ok to give Polish workers money for children that don't even live with them in the UK, but try and claim money back off easy targets.
As I said " you cannot bleed blood out of a stone"
Nice name factor39- did you get the idea from me?
Bravo1 is incorrect: debts do not die with you when you die. The estate is liable for them provided there is enough in the estate to cover them.
Sorry impostor39-oops I mean factor39- the only thing I can say is that debtors have a claim on the estate and as an executor you are responsible for paying these debts. How you get it back from a charity and the grandchildren though is a tough one, but I bet DWP will say "it's your problem mate".
With hindsight you should have waited maybe 12 months before sharing out the estate. But I know from experience that if you hang on to the money for a while the beneficiaries can start getting suspicious of what you have done with their money. Never be an executor!
Bravo1 is incorrect: debts do not die with you when you die. The estate is liable for them provided there is enough in the estate to cover them.
Sorry impostor39-oops I mean factor39- the only thing I can say is that debtors have a claim on the estate and as an executor you are responsible for paying these debts. How you get it back from a charity and the grandchildren though is a tough one, but I bet DWP will say "it's your problem mate".
With hindsight you should have waited maybe 12 months before sharing out the estate. But I know from experience that if you hang on to the money for a while the beneficiaries can start getting suspicious of what you have done with their money. Never be an executor!
factor30 - Yes the debt's died with him mate, I should know the facts I was his son.
We owed more than 4 months care fee's to the council at nearly �600 per week, that's over �9600.
We made sure that every penny in his bank account was withdrawn and then placed in a third party account.
He died with �5.45p in his account.
As I said : How are you going to get money out of people who have spent it already ?...
And this is where I get confused factor39 ?.
�2000 was left in the bank account after funeral costs.
�3000 was your share.
�1000 was the local churches share.
Family members a "few thousand" each.
Carers �250 each.
Children �250 each.
Sorry but this doesen't add up ?...
We owed more than 4 months care fee's to the council at nearly �600 per week, that's over �9600.
We made sure that every penny in his bank account was withdrawn and then placed in a third party account.
He died with �5.45p in his account.
As I said : How are you going to get money out of people who have spent it already ?...
And this is where I get confused factor39 ?.
�2000 was left in the bank account after funeral costs.
�3000 was your share.
�1000 was the local churches share.
Family members a "few thousand" each.
Carers �250 each.
Children �250 each.
Sorry but this doesen't add up ?...
Thanks bravo1- I just realised an unfortunate typing error in my question. There was just over �20000 (twenty thousand) not �2000 in the estate. This was then split between a dozen people including his grandchildren, immedate family and local church.
In his case it was his investments and he looked after them and didnt go to any great lenghts to hide the money but it seems he had more than the DHSS/DWP knew about so they want some pension credit benifit back over several years. Fair enough but I wish I'd known before I shared it all out. i have �3000 for my trouble but now need to find nearly ten grand
In his case it was his investments and he looked after them and didnt go to any great lenghts to hide the money but it seems he had more than the DHSS/DWP knew about so they want some pension credit benifit back over several years. Fair enough but I wish I'd known before I shared it all out. i have �3000 for my trouble but now need to find nearly ten grand
Ok, and thanks for clarification.
The DWP make me actually sick...
Why not suggest to them(the DWP) that they personally contact everybody that received a share of the money.
Meanwhile contact everyone who received money, and ask them to reply with the same answer,( it's been spent) which I assume it has by now...
Let's hope that this problem run's out of steam, and the so called debt get's written off.
The DWP make me actually sick...
Why not suggest to them(the DWP) that they personally contact everybody that received a share of the money.
Meanwhile contact everyone who received money, and ask them to reply with the same answer,( it's been spent) which I assume it has by now...
Let's hope that this problem run's out of steam, and the so called debt get's written off.
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