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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Got a house inherited, got probate, dwp investigating my fathers

Customer Question

Got a house inherited, got probate, dwp investigating my fathers benefits before we can sell property or share estate ! can we start to sell ? but not sign yet ? confused ??
simon
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

Hello my name is Alex and I'm happy to help with your question.

Alex Hughes :

Is your father the deceased?

JACUSTOMER-u9pp0yym- :

yes he is and I am one of 5 siblings but the grant of probate is in my name and also I am one of the executors along with my eldest brother

Alex Hughes :

How much money does the DWP want to reclaim and why?

JACUSTOMER-u9pp0yym- :

not sure yet ? they are investigating Attendance Allowance, some are missed due to being in hospital after heart attack and strokes also he was overpaid when my mother died they continued paying carers allowance I think ? I have all banking for last 10 years to search too

Alex Hughes :

OK. The DWP cannot prosecute because your father has now sadly passed away. But they could still pursue a civil claim against his estate, including his executors, to recover any overpaid benefit. They have to prove that benefit has been overpaid and you could appeal the decision on your late fathers behalf and possibly defend proceedings. If there is no restraining order stopping you from selling the house you could go ahead but beware that the DWP could then seek a reimbursement from the beneficiaries of the estate.

JACUSTOMER-u9pp0yym- :

Probate valuation on property was only £50K we have a purchaser for property who will wait ! however 2 siblings want to sell property quickly forgetting that I am one with probate and on the account and I will not release any money till confirmed from DWP ! Don't know how long they take ??

Alex Hughes :

Its impossible to say I'm afraid - I currently have two DWP investigations running and my clients have been waiting for a decision for 6 months. You could ask them to speed up the process but I doubt if this will produce any results.

JACUSTOMER-u9pp0yym- :

ok but as we have been advised can we sell property or is it advised not ? can my brother try and overthrow situation just because he is greedy ?