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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34273
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother passed away recently not leaving a will. My sister

Resolved Question:

My mother passed away recently not leaving a will. My sister and I have just had the grant of probate through. My sister wants me to keep all the money and then out of her share pay for any work to her flat, holidays etc from this money. The reason is that she is claiming her rent, council tax and I think pension credit.Is this illegal.. for me. I'am not happy doing this so I would like to check my position.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the extent of the estate?
Clare
Customer: replied 2 years ago.

Hi the estate is about £80,000. which we wii divide between us.

Expert:  Clare replied 2 years ago.
Hi
If your sister wishes to do this then she will be committing benefit fraud and she needs to be aware that the DWP does run checks to catch this type of fraud
You however will not be committing an offence - but if you do decide to do this I suggest that you keep the money in a separate account as there is a risk of it being frozen in the event of an investigation
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi thank you for your advice. So even if the money is in my account she can be prosecuted ?

Expert:  Clare replied 2 years ago.
Hi
Yes I am afraid so - it is her capital and she needs to declare it
Clare
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