A relative is currently dealing with the estate of his parents who died within 3 months of each other. It seems that his mother, who died first, was in receipt of a full non-contributary pension when the couples assets were roughly 160k (at time of death). Clearly there is the issue of overpayment but we're wondering how that overpayment is likely to be calculated.
As his mother died first does this mean that only her half of the assets (80k) is liable to be reclaimed or does revenue have a claim on her husband's half of the assets also?
Can revenue target the home if there is not sufficient assets to replay the overpayment? Or is the home off limits because her husband survived her?
Assuming there was an overpayment, could revenue reclaim the entire 160k or would the estate retain 20k, given that a non-contributary recipient is allowed to have 20k in assets.
How exactly is the overpayment calculated?
Any advice appreciated.
As his mother died first does this mean that only her half of the assets (80k) is liable to be reclaimed or does revenue have a claim on her husband's half of the assets also?
Can revenue target the home if there is not sufficient assets to replay the overpayment? Or is the home off limits because her husband survived her?
Assuming there was an overpayment, could revenue reclaim the entire 160k or would the estate retain 20k, given that a non-contributary recipient is allowed to have 20k in assets.
How exactly is the overpayment calculated?
Any advice appreciated.