Regardng my sister's ( deceased early 2018 ) estate and DHS overpayments.
Following her passing, it has become apparent that she had received DHS overpayments between March 1990 and March 1998 of approx $70,000. Her husband was totally unaware of any of this until communications in 2019. She was apparently also declared bankrupt in 2001.
Email communication late November 2019, via solicitor and DHS, were regarding a proposal for my sisters husband to live the remainder of his life in the family home. He is now in his mid 70's. I believe DHS have a registerd interest in the home now. The proposal suggested, after his passing, settling the DHS debt ( of now over $100,000 including costs ) via the sale of the home. DHS whilst not commiting to take no immediate action, suspended action and would review from time to time.
July 2020 communications from DHS suggest they are no longer supportive of life tenancy of the home unless her husband has limited life expectancy and require a plan of action by way a sale of the home to settle the outstanding debt.
As indicated ealier, a solicitor has been engaged, but I am keen to have a second opinion of this situation and what options may be available. I am a more than a little bemused how the situation has gone over 20 years since the last overpayments but admit I am unaware of what had transgressed between DHS and my sister whilst she was still alive.