Dwp Demand For Money From Eastate

[catsrcool]

When my mother died her total assets were a house and some cash in a current account. After paying for legal and funeral costs the remaining money was £1300. The house I inherited. Am legally obliged to pay the full demand of £2500 or only the £1300? I was co executer if that is relevant.

[bednobs]

yes, as the house forms part of her estate, and debts to the estate have to be paid before the estate is distributed

[Buenchico]

I agree with those above that you have to pay the full amount but only if it's a valid claim anyway!.

You've not stated WHY the DWP are demanding the money. There may be grounds to challenge such a claim.

[catsrcool]

When my mother was moved from care in the home to a nursing home her attendance allowance was still being paid into her account and no one from the DWP said anything at all even that I told them to stop paying attendance allowance they would not accept it as I DID NOT have power of attorney at the time.

[woofgang]

then the estate has to pay it back I am afraid.

[Peter Pedant]

The debts on the estate have to be paid before distribution of assets.

It is possible that the debts were greater than the assets;

that is the debts [counting all of them] were more than all the assets ( not just the money in the bank ) - in which case you dont

but if you mean the remaining money was the money in the bank and there is still a house ( which everyone but myself think was the case ) then you have to pay it all back.

sorry

co-executor is irrelevant. are you the only beneficiary ?

[Peter Pedant]

// attendance allowance was still being paid into her account and no one from the DWP said anything at all even that I told them to stop paying attendance allowance they would not accept it as I DID NOT have power of attorney at the time. //

If they say you can appeal ( as an executor you now represent your mother in all earthly things ) you should do so and say that you think you are only liable as executor up to the date you informed them and that the attendance allowance they paid after that date you should not be forced to pay back as it was a result of their own mistake/negligence.

It is discretionary - and not a matter of law.

The CAB will help you draft an appeal letter. You do however have to show in some way that you DID inform them when you said you did. - like a letter you wrote or a letter they wrote saying they could not take instructions from you.

It is worth a go. Sometimes it works and sometimes it doesnt