probate deceased estate government wants a stake of her estate?

Question

has anyone ever been made to pay money back to the government from a deceased persons estate?
My mother who had disabilities (eg blindness)
We found she had money in an account we were unaware of £26,000 and she had care x3 times a day to help her with drugs, dressing, washing etc
My feelings are she was entitled to this care through the government - as anything other than the care would have resulted in her going into a home.
What is the situation with regard to the government making a claim on the £26,000 shared between me and my brother.
Can I argue against them claiming anything back?
Has anyone any advice for me - just as a for instance, I purchased a 2nd car 2 years ago to help her get about, as my primary car has only 2 seats and was unsuitable, my fear is this will be ignored by the goverment, and yet she presumably could have claimed for mobilitity allowance.
Can any one help me with advice on this and how to stop them clawing back money from my mothers estate?

Answer 1

If they see half a chance of getting anything you've had it mate.

Answer 2

1 Pursue it NOW! Go and see a lawyer who specialises in this area of law. Winding up an estate can be complicated, but if straightforward, it shouldn't take more than about 4-6 months. If it takes longer, you are entitled to an explanation. Sometimes they take up to a year or even a year and a half, for instance if there is property abroad, something needs to be sold, complex tax affairs, money-laundering or other criminality, tracing beneficiaries or other time-consuming matters. Normally it would only take longer than that if someone is in dispute (maybe doesn't want to vacate the house, or the will itself is disputed) or if there is a huge estate with all sorts of different assets and trusts and tax problems. I did once have a case that took 15 years, but every beneficiary was aware of the family dispute and, indeed, involved in the court proceedings. 2 When the estate is being wound up, sometimes it decreases, sometimes increases. There are continuing legal costs, and valuation fees and possibly other expenses. Shares might increase or decrease in value, and similarly real estate and other assets, and often it takes a long time to establish how much tax is payable. 3. You might find it difficult to prove embezzlement or plain theft, but you can ask to see accounts and then, through forensic accounting, try and see what might have happened and where funds have gone. 4. Get legal help. As it can be expensive, see if any of the other beneficiaries will join with you - are any other beneficiaries disatisfied with the way things are proceeding? If things don't seem clear and above-board, as a last resort you would be entitled to make an application to court for the court to appoint a second executor either to act jointly with the first, or in place of, depending on the court's view of how the estate is being dealt with. Sometimes in a dispute the court will order that all the costs should come out of the estate, and other times they have to be paid by the defaulting party, or the person or persons bringing the case - every case is different and depends on the circumstances and what the judge thinks. If the estate is definitely in credit and not debt, you might be able to persuade the executor to make you an advance of the money due to you - not the whole lot, but a reasonable sum to tide you over, particularly if you are in any financial difficulty. I practised English law, but on the whole American law is very similar. Good luck

Answer 3

Yes, It is proper that the law in the UK would provide for some form of reimbursement for funds that the welfare authorities advanced. Welfare benefits are supposed to be for the neediest people.

Pennsylvania has something similar. We are required to notify the Department of Public Welfare upon the death of ANYBODY to determine whether or not the Welfare Department may have a lien against them.

This is required under the Pennsylvania Welfare Code, §1412, 62 P. S. § § 101—1412.

The law requires that Pennsylvania try to reimburse itself for the nursing home services it has provided to people 55 years of age or older in certain situations. The state tries to recover money or assets from the estates of those people who have received long-term care through the Medical Assistance Program. The Department of Public Welfare handles this.

Other states have Medicaid recovery programs, including:

Idaho: http://www.idahocareline.org/eLibrary/Medicaid%20Estate%20Recovery.html
Nevada: http://www.welfare.state.nv.us/elig_pay/epm_manual/maps_100.pdf
California: http://dpss.lacounty.gov/dpss/estate_recovery/default.cfm
South Dakota: http://dss.sd.gov/benefitfraud/estate/

Answer 4

I would go and seek legal advice quick, they will be really tough to bet, you will need a good lawyer, also be careful that they don't ask for all her benefit money back, as she would have not qualified for that money, if she had that amount, i know its wrong and sick, but that's the way the government are, hope it all works out for you, all the best

Answer 5

I would suggest you seek legal advice asap.The laws regarding these things are pretty outrageous.The government will squeeze every penny they can out of people even in such times when people are grieving.There may be a loophole that could prevent them taking money, but you really need professional advice.good luck.

Answer 6

If your mum was getting social benefits (welfare) while she had £26,000. of her own, the estate will have to reimburse the government for the monies fraudulently obtained.

Answer 7

This happened to me last year.I discovered mum had accumulated 32K.they eventually took 10k back.If you argue they can set the figure higher so I would just wait and see.

Answer 8

the only person who can answer this question is a solicitor try the citizens advice bureau it's free