How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

My brother had an accident which left him incapacitated – he

Customer Question

My brother had an accident which left him incapacitated – he is doubley incontinent – fed through a tube in his stomach, wheelchair bound and lives in a care home. He is entitled to Disability Living Allowance and this was paid into a specific account that my mother had set up after his accident (we could not set one up in his name as he was unable to apply. She paid for all his needs out of this (outside of the care home charges that are paid for by the government). In her will she left that bank account to my brother and left me in charge of her estate – via her will. My mother was also on allowances and in total left around £7,000 divided between a post office account and a bank account.
I applied and was granted probate and paid off what I knew she had been overpaid via her pension credit etc.
The benefits agency have now been in touch and said that we must declare how much she had in the second account (although we can prove that the money in there has only ever come from my brothers benefits) as it could be counted as part of her estate and could, possibly, be claimed back as it would take her savings over the amount allowed before her benefits would have stopped.
I am currently in the process of applying to be the “appointee” for my brother (which has been agreed with my other siblings) but am worried about what I should do. I don’t feel that they have any reason to know what is in his account (I understand that Disability Allowance is not means tested). Mother was in the process of saving for a new chair for him and saving for him to go on a holiday (this would mean him taking at least two carers with him) so there is quiet a large amount in that bank account.
If they check the account with the bank they will see that all that money was paid in by the benefits agency direct and mother drew it out as and when money was needed – ie - £3,000 for a bed and £7,000 for an electric wheelchair.
Am I obliged to tell them how much is in there – and – can they claim it back as part of mother’s estate? I have had to borrow money off my siblings to pay for the funeral – over £4,000, as they have told me not to spend any of mother’s money as they may wish to claim it back – but it won’t be hers they are claiming it will be my brothers. I am really worried about getting into any trouble over this, but equally I don’t want my brother’s money to be taken into account for her savings – when it isn’t. Mother had left the remainder of her accounts to be divided between my and my siblings but as you can tell after the £4,000 is taken off there won't be a lot left - so it's not about the money it's about the principle of it all.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hi thanks for your question.

tdlawyer :

My name is Tony. I can help with this.

tdlawyer :

The sensible thing to do is to tell them how much was in that second account, but to make clear that this was not her money and is not money that is in her estate. She held this "on trust" for your brother, and it does not belong to her.

JACUSTOMER-8o0xihn9- :

That is what I thought - but, if they decided to ask for some of it, would I have recourse in law to not hand if over - ie make them take me to court to explain ! I don't want to get involved and risk becoming a criminal - but feel that as my brothers appointee, I should be doing my best not to let them just take it ! If they do, then his new chair and holiday will be gone through no fault of his own. Is there any agency I can contact on this ? I understand that you cannot get involved but was hoping you could advise me on who could help if they decided to try to claim it.

tdlawyer :

To be honest, your best bet is to get a solicitor involved to act for you. As you know, I can't do that, but I do think this is the best option.

tdlawyer :

There is a tribunal that you can approach if you don't agree with any decision of the benefits agency, and you can get details of it here, but you an appropriately worded solicitors letter might be a better option (https://www.gov.uk/appeal-benefit)

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice