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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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80 yr old Aunt died last year without a will. My mother and

Resolved Question:

80 yr old Aunt died last year without a will. My mother and cousin (only issue of deceased uncle) stand to inherit any estate that is left. Against my advice, my mother - living in England, decided to try to settle the estate herself - she is 83 and, whilst she had dealt with probate in my Dads law firm for many years, she is no longer as tuned in as she thinks.The Aunt had been sectioned years before and was dealt with by the Court of Protection up to her death. The Recovery from Estates department have written to Mother, requesting full details of any claims made in the years to her (the aunts) death, claiming that there might be overpayments of benefits and instructing Mother not to make any payments from the estate until they say so.The lawyers acting for the Court of Protection have been less than helpful in providing any narrative as to what claims and financial arrangements have been made in the approx 13 years that they dealt with her case.My questions are these, will the DWP disclose the claim history to Mother (who has been granted Letters of Aministration), in order that the RFE team's questions can be answered?
Secondly, can Mother (as Administrator), nominate or deputise me to deal with both the DWP and RFE on her behalf?She is not up to dealing with the hassle, despite her protestations, whereas I work for the Isle of Man equivalent of the DWP and can far better understand any answers that may be forthcoming.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstFor clarity - your mother has no way of knowing what claims were made for benefits by your Aunt?
Customer: replied 1 year ago.
Sorry for delay in replying. Correct, no knowledge whatsoever.
Expert:  Clare replied 1 year ago.
Just to check - your late Aunt lived in England?
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
In that case all your mother needs to do is write and confirm that the Estate was dealt with by the Court of Protection and she does not have any records of claims that were made.In fact the DWP do have the details and they will make the assessments themselves and eventually confirm whether or not any monies are repayable.Your mother can indeed authorise you to deal with them for herPlease ask if you need further details
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