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 Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My Aunts estate has been finalized and all monies paid to the

Customer Question

My Aunts estate has been finalized and all monies paid to the beneficiaries, estate now closed. Her bank account was frozen when death certificate was received. 11 months after her death a pension scheme is now asking for overpayments paid into her account to be repaid.
Does the overpayment have to be repaid?
Submitted: 1 year ago.
Category: 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 information firstWhen was probate obtained?What ocntact was made with the pension scheme prior to the distribution of the assets?
Customer: replied 1 year ago.
Hi Clare,Grant of probate was obtained in April.
My Solicitors wrote to the DWP in May. Creditors notices had been placed regarding creditors claims.
I also had a letter from the NHS pension in June stating that an over payment had been made into my Aunts account in June, I passed this information onto my Solicitors who said they would pay the amount from the estate.
Over payments the NHS pension are now also claiming are for the period January 2015 - April 2015.
Expert:  Clare replied 1 year ago.
Hi
When were the monies distributed?
Clare
Customer: replied 1 year ago.
Final payments of the estate where distributed in December.
Expert:  Clare replied 1 year ago.
Hi
Why did the solicitors not deal with his prior to distribution?
Clare
Customer: replied 1 year ago.
I don't know? They wrote to the pension fund saying 'they need to get in touch with beneficiaries' hence I received another letter from the pension fund. As the monies have been distributed do I call them and say their is no money in my Aunts account so therefore the repayment can not be paid?
Expert:  Clare replied 1 year ago.
Hi
Did the Solicitors send you a copy of the Estate Accounts?
Clare
Customer: replied 1 year ago.
Yes, I have a copy of my Aunts final estate accounts dated 10th November 2015.
Expert:  Clare replied 1 year ago.
Hi
What do they say about the pension overpayment?
Clare
Customer: replied 1 year ago.
They sent the NHS pension a letter stating if they wanted the money they would have to get in touch with the beneficiaries. I then received a letter from the pension asking for it to be paid.
Expert:  Clare replied 1 year ago.
I am sorryI meant what did the Estate Accounts say about it - you had provided the details in June
Customer: replied 1 year ago.
The estate accounts have detailed an amount paid into the estate from the DWP state pension as arrears - the amount does not match the over payment sent to me in June.
Also detailed are payments paid into my Aunts current account as Pensions arrears which amount to more than the NHS are claiming as an over payment?
There is no mention of a NHS liabilities payment only a Legal & General pension over payment?
Expert:  Clare replied 1 year ago.
Hi
I am sorry I am a little confused - did you not query what had happened with regard to the overpayment?
Clare
Customer: replied 1 year ago.
I wasn't aware of the last over payment until after the estate was finalized. I am asking for advice on how to approach the matter before I rang the NHS pensions. As I have already stated the solicitor who handled the estate wrote to the NHS saying 'they were astounded at how long (11 months after her death) they have waited before asking for the over payment - and if they wanted it paid to get in touch with the beneficiaries' If they are arrears I'm guessing the solicitor should have paid them not added the arrears to the estate?
Expert:  Clare replied 1 year ago.
Hi
You think correctly
For clarity - you first heard about the overpayment in June and you gave the details to the Solicitor - who did nothing about it - does that sum it up?
Clare
Customer: replied 1 year ago.
Yes, what I am also confused about is how more over payments have been paid into the account when it should have been frozen? The solicitors was paid a substantial fee for handling the estate. Would my next step be - getting in touch with the pension informing them there is no money in the estate and therefore the monies can not be re claimed?