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Probate & benefits

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  • Probate & benefits

    Hi, Iím hoping that someone can give me a bit of advice. My Mum passed away just over a year ago and we have only just started to look at dealing with probate. She suffered from Alzheimerís & the reason it has taken so long is that both my sister & my brother who were living with her have been facing housing problems as the property was council. My sister who initially was going to look into it has asked for my help, things are in quite a mess at the moment we are carrying out a search for a will & we have been asked for probate for some bonds that my mum had.
    Up till now I havenít really had any involvement with her finances & while going through stuff with my sister she told me that my Mum was in receipt of some benefits, namely pension credits & housing benefit. While she would usually be entitled the savings she had exceeded the amount which needed to be declared when applying for these. I am unsure how it occurred due to my Mum not being well for a long time. I am concerned that this will effect the probate, can anyone advise what implications this may have? Can they ask for the overpayment back from her savings? (If they can Iím concerned this may amount to more than the total value of her savings? Any advice would be much appreciated
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