Mums passed no will but possible debt

Fwiw. I was informed by my solicitor who acted for me when my DH died, that it was in his view, best practice to allow one year to pass after probate/letters of administration had been issued before considering everything finalised regarding any debts.

Re DWP payments, my DH recently claimed the higher rate of Attendance Allowance, after having claimed the day rate for a couple of years. They immediately stopped the usual payments while they considered making the increase, leaving us short of readies for 8 weeks. Once they had agreed the higher rate it took a further month to get the new payment and a fortnight after that they decided he had been overpaid for an earlier month (I never really worked out why). So it seems they are a law unto themselves.

See k advice from solicitor or Citizens Advice if in UK

My sister received a letter from the DWP a day or two before the anniversary of her DD's death!! It was incredibly upsetting for her after all that time, and the worst part was that she wasn't aware that there was any money to pay back. So be careful to make sure that you have the actual figure from the DWP before you distribute the money OP.

POA stops on death anyway. Only applies when person is living. You’ve done the right thing with The Gazette. Assume you are in England?

When my Father in Law died we had outstanding issues with DWP it took 6 months before they bothered to tell us if we owed them any money. My Brother in Law was deakung eith it so I dint actual remember what the result was, it was 2018.

Thanks everyone for comments and suggestions.

Crossed posts

Debts claimed after the two month period are tricky to pursue and especially if you have distributed the estate. Have you any reason to suspect creditors coming forward? As for DWP have you enough info to work out what may be owed? Dates she was in hospital, type of benefit and dates and amounts of benefit paid? Citizens advice could help calculate debt if any. I’d concentrate on DWP issue, if you can work out sum owed. I’d then write to them with calculations and cheque, distribute estate and leave it at that.

A debt has to be claimed within the two months after the Gazette notice (this is the reason for the notice). Do not distribute the inheritance until this notice period has expired. After that period you cannot be held responsible for any debt owed.

This link helps.

Dealing with the estate of someone who's died: Settling debts and taxes - GOV.UK share.google/XQWuRtvuGVMpztWvZ

My condolences.

MT62

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sorry for your loss

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Best to seek advice from a solicitor