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Money taken from fathers estate by Solicitors

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I am trying to help a friend who lives overseas but whose father lived in the UK.

His father died without leaving a Will and left an Estate worth £58,000.

 

My friend has a Solicitor acting on his behalf in the UK but he was informed that his father was overpaid benefits from both the DWP and the local authority whilst he was alive even though he was living in a local authority run residential home.

The total amount of the overpayment was £38,000.

I am just wondering how is this possible when he was unable to make a claim for himself?

 

My friend is only relying on the information received from his Solicitor but he would like to know how could he go about finding out the total amounts overpaid to both of these departments and whether indeed there was an overpayment.

 

Any advise would be appreciated.

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Hi.

 

Have letters of administration been issued and if so, who is the administrator please? I imagine that person would be able to ask about the overpayment.

 

HB


Illegitimi non carborundum

 

 

 

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I am trying to help a friend who lives overseas but whose father lived in the UK.

His father died without leaving a Will and left an Estate worth £58,000.

 

My friend has a Solicitor acting on his behalf in the UK but he was informed that his father was overpaid benefits from both the DWP and the local authority whilst he was alive even though he was living in a local authority run residential home.

The total amount of the overpayment was £38,000.

I am just wondering how is this possible when he was unable to make a claim for himself?

 

If his savings were over £23,250, then the father should have been contributing to the cost of the care home. If he was also claiming means tested benefits and his savings were over £16,000, the DWP would be entitled to claim them back in full. Between £6,000 and £16,000, there would have been various reductions made to the benefits paid.

 

If the father was unable to file a claim himself, then presumably someone was acting on his behalf without having all of the financial information to hand. As to finding out how the overpayment came about, that would be something for the administrator to pursue.


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If Father was incapable of making a claim DWP & local Authority are still capable of paying more than his entitlement.

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Although it's common for DWP and LA to have overpaid when someone dies it's normally just a few weeks of overpayment. It happens because of the time lag between DWP being notified of the death and stopping the payments in their system. But £38k is an enormous amount and needs investigating.

 

Whoever has the Letters of Administration is the person to ask. They should be dealing with it.

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To add to this, what is meant by overpayment is not always exactly what it suggests.

It does not always mean there was a period where benefits were paid out, when they should not have been.

 

It could include care care home fees above the threshold amount.

 

When requesting the information, it is going to take awhile to be supplied.

It might be more than one DWP department involved and each DWP department will have to supply the information.

Also in regard to local authority, that would need to be a separate request to see what that amount is.

 

From what I believe is fairly common practice, Solicitors dealing would normally request the information from DWP and LA, with the amount of debt requested being held by the Solicitors until the debt has been verified.

So the Solicitors may already have information or have requested it.


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This is the response I received from my friend.

Where does he go from here?

 

'My father had no will

my name is on the death certificate as the responsible next of kin.

 

The attorney who I acquired had to do probate through Lloyds Bank to access one account that was dormant.

The attorney firm my brother and I retained is Rubic Lois King Solicitors in Birmingham.

 

We never received Letters of Administration.

The attorney send me an email outlining what was paid back to each department such as DWP and the Birmingham City Council'.

 

He has an email from the Solicitors outlining what was repaid

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So next step is for your friend to ask Solicitors for copies of documents they would have received from DWP and Birmingham City Council, which would have detailed the debts.

 

The Solicitors would not have paid the debts, unless they had details of what they were paying towards.

Edited by dx100uk
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Also ask the Solicitor to confirm who was granted the Letters of Administration to deal with the Estate. (Letters of Administration is what Probate is called if the deceased didn't leave a Will.)

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