Question about Probate & Social Welfare

All Around You

My mother passed away last year and the grant of probate has just recently issued. I had suspected that we would be liable for state pension overpayments but I haven't heard a peep yet. Everything I see on the subject states that the department have three months to look at the issue and during that time, we can't distribute the estate. I'm wondering when this three months begins? Is it now that probate has finalised, or was it simultaneous? I made assumptions on the matter so I never actually asked what the timeline was. I have a meeting with my solicitor later in the week, but he's away right now and I'm just looking to get this answered.

Thanks.

IsaacWunder

The executors are responsible for the payment of any debts. If they do not correctly administer the estate they themselves might be personally sued. If you are aware of a debt to the state you should ensure it's paid out of the deceased's estate.

All Around You

Thanks for the reply but that doesn't really relate to my query. I'm asking when the three months the Department of Social Welfare says they take to examine the estate begins.

IsaacWunder

It starts when you notify the Department of Social Welfare of your intention to distribute the estate in writing, which is sent in along with a written schedule of assets (s.339(2) Social Welfare Consolidation Act 2005). The minister must notify you within three months of that letter and schedule to retain sufficient assets to cover any overpayment. However the estate is liable for six years for overpayment (s.339(4) Social Welfare Consolidation Act 2005).

All Around You

Unless I'm mistaken, the schedule of assets was sent in January. Even though the solicitor is dealing with everything, I'd have expected to have personally heard of any response from the SW other than an 'all clear'. It's possible I'm mistaken about the overpayments but I was pretty confident when I originally went through everything. As you mentioned I'm personally liable for it, so if he says they already had a look and found nothing wrong, I'm going to have to ask him to get back to them.

IsaacWunder

All Around You wrote: »

Unless I'm mistaken, the schedule of assets was sent in January. Even though the solicitor is dealing with everything, I'd have expected to have personally heard of any response from the SW other than an 'all clear'. It's possible I'm mistaken about the overpayments but I was pretty confident when I originally went through everything. As you mentioned I'm personally liable for it, so if he says they already had a look and found nothing wrong, I'm going to have to ask him to get back to them.

I understand that the department would normally reply to the solicitor, not you. However if you're aware of an overpayment and welfare don't pick it up you should ask your solicitor to check your maths, and if he/she also notes an overpayment then they should notify the department of the possible overpayment and get something back from them in writing giving you confirmation that they will not proceed.

Whatever the outcome you're personally better in any scenario if you follow the solicitor's advice as if you or the estate is sued you can then sue the solicitor for negligence. Solicitors have insurance to cover exactly this kind of eventuality.