Death Of Father & DWP Letter ~ HELP!

[steverees71]

Hi, My father died (without a will) in late Feb 2013 aged 80. I am his only child. He divorced some 28 years ago.I have received a letter from the DWP (Recovery From Estates) asking me to list the full contents of the small 'estate' he left behind. The letter warns that it could lead to a claim against the estate in relation to benefits/pension etc that he received. They want a reply by July 13th. The estate amounts to £35,194 in his Building Soc. account (I was able to get £3000 from the account to pay for the minimal funeral) and £1186 in cash seized by the police who attended his sudden death at his home (a council property that he lived in for 40 yrs and that has now gone back to them). £25,000 of that amount in his account he received upon the death of his brother in 2009, I don't believe he would have declared that at the time to the DWP, his mental health was poor and his health generally was failing by that time. Unfortunately his papers were in a considerable state of disarray so it's difficult (and has been!) to say things with any great accuracy. He also recieved a small work related pension of £803 p/year. He didn't own property/car or anything else. I have gone through the probate process and have got the papers from them to 'inherit' this small sum from him. I've informed the building soc. and they are preparing a cheque currently. I am particularly worried that the DWP will find there is an overpayment of benefits of some sort (housing benefit/pension or pension credit, council tax benefit, cold weather etc) and will claim it back from the small amount I will inherit (particularly as he probably didn't mention to them the £25,000 inheritance from his brother in 2009), and leave me with nothing. I have heard some 'horror stories' where people in similar situations have lost much of their legacies. I am an only child so this small inheritance is all I'll ever get and it would give me a really good base from which to finally have some stability. I myself have to rent, and earn a pretty low wage for London and it would be very difficult for me to get paid for legal advice. Please give me some advice before I send this form of to the DWP. Many thanks Steve

[wales01man]

Re: Death Of Father & DWP Letter ~ HELP!

The DWP quite rightly can claim any money owed from the estate and whoever inherited its a legal formality if you fail to give all the infomation you become liable .All the debts of the estate have to be paid from the estate if the 25k was not declared and if it had been would have reduced his benefits it can be asked for ,on the probate forms there should have been info on distribution of the estate

[steverees71]

Re: Death Of Father & DWP Letter ~ HELP!

Thanks for the reply . So it looks pretty grim for me really. It appears that I stand to lose most of the only legacy I will ever receive.

[wales01man]

Re: Death Of Father & DWP Letter ~ HELP!

dont despair they wont take anything unless its owed best to be straight with them we went through probate and the only money taken back was overpayment after death .

[enquirer]

Re: Death Of Father & DWP Letter ~ HELP!

I have received a letter from the DWP (Recovery From Estates) asking me to list the full contents of the small 'estate' he left behind.

This is a fishing expedition. If they say they have a claim on the estate, then it is up to them to prove it.

... and £1186 in cash seized by the police who attended his sudden death at his home.

Why would they seize this? Has it been returned? If not, why not?

I am particularly worried that the DWP will find there is an overpayment of benefits of some sort (housing benefit/pension or pension credit, council tax benefit, cold weather etc) and will claim it back from the small amount I will inherit ...

If there is an overpayment, then they may legitimately claim it back.

[bluebottle]

Re: Death Of Father & DWP Letter ~ HELP!

I think the OP has used the word "seized" in a general way. When attending sudden deaths, police will take possession of all and any valuables and money, list it and take it to the police station for safe custody until a relative or executor arrives to take possession of it. The police will ask for proof of identification and that the person collecting money and valuable has lawful authority to collect.

I can understand the OP's reluctance to engage with the DWP. Due to dishonesty on the part of DWP officials, particularly where benefit claimants are concerned, the Department has lost all public trust and confidence. I would be inclined to ask them to prove any claim they allege they have and they need to be warned the OP has recourse to the Parliamentary & Health Service Ombudsman (PHSO). I don't know why, but I have a very strong feeling that the OP could be ripped off by DWP. There are, sadly, some very dishonest individuals in the DWP at present. Caution is required.

[enquirer]

Re: Death Of Father & DWP Letter ~ HELP!

I don't know why, but I have a very strong feeling that the OP could be ripped off by DWP. There are, sadly, some very dishonest individuals in the DWP at present. Caution is required.

The sending of these speculative letters by the DWP seems to be becoming standard practice.

[bluebottle]

Re: Death Of Father & DWP Letter ~ HELP!

The sending of these speculative letters by the DWP seems to be becoming standard practice.

They're MGBs (Money-Grabbing Barstewards). There is, unfortunately, fraud going on in a number of government department on a massive scale and DWP is not immune from this. It is almost as if government departments are trying to recoup money lost through fraud by defrauding individuals, thinking they won't cotton on. I'm afraid they are going to be in for a very nasty shock when they find out the public aren't that stupid and know what is going on.

[Hungry Hound]

Re: Death Of Father & DWP Letter ~ HELP!

MGB hear hear