sister wont leave my decesed mothers house

Ivrytwr3

lol, too busy working to see your dying mother. What the !!!! is the world coming too?

Fire_Fox

tek-monkey wrote: »

She wont need the house then.

:rotfl::rotfl::rotfl:

Oldernotwiser

poppysarah wrote: »

Will LHA be paid on a part owned property that's owned also by family?

Obviously not!

Plus the house will be more expensive than her LHA amount and does she sound like the sort of tenant anyone would take on voluntarily?

welshy_2002

poppysarah wrote: »

Will LHA be paid on a part owned property that's owned also by family?

She's not declared the asset yet, so they don't know.

(I'm not condoning that by the way, just stating the facts)

Whatever you do, it would be better to keep her on your side. If she trusts you then maybe you could both buy her out then have her rent the place. But if there's no trust, she's going to think your turfing her out...

pinkshoes

bluecab wrote: »

If we sell the house she will loose her benifits

Surely the fact she now owns 1/3 of a property worth £X means she will lose her benefits anyway?

I would phone up the benefits office and enquire, and get as many facts as possible.

I would then have a meeting with her, and explain that as she now owns 1/3 of a house, she is no longer entitled to X, Y and Z, so unless she agrees there and then to sell the house, you shall be contact the benefit office first thing in the morning (but if she agrees to sell, you will leave it up to her to tell them in her own time...).

kalaika

Sounds like she's quite happy doing nothing except sponge off both the state and you! She's got to realise that being gifted 1/3 of a house will affect her benefits in one way or another and so I'd be tempted to try and force her into making a decision.

If you don't *need* the money you'd get on selling the house, then I'd suggest:

1 - Let her stay there. Obviously you'd still own a third each, so she'd have to pay you and your brother rent for your shares. (You can then look at selling the house in the future if you need to.)
2 - Contact the council to let them know she doesn't need their house any more, to stop her receiving benefits for the council house.
3 - Don't pay any bills for her. If she's living in the property, she pays them.
4 - Tell her if she doesn't like the above situation or can't afford it then she moves back into the council house and your Mother's house gets sold. If she loses some benefits as a result then so be it.
5 - Make it clear that these are the only options and that you and your brother are not going to let her carry on as she is whilst living in the house and committing benefit fraud.

It's going to have to be tough love time...

Oldernotwiser

Ivrytwr3 wrote: »

lol, too busy working to see your dying mother. What the !!!! is the world coming too?

Where did anyone say that?

pingu2209

I may be wrong, but if she lives there for 12 years without paying rent to you or your brother, she will be able to claim the property as hers. I wouldn't just leave the situation. If you, your brother or sister have children, wouldn't they want the benefit of their grandmothers estate too?

RAS

bluecab wrote: »

( remember my mum put it in 3 names 10 years ago )

Did mum transfer the property to you 10 years ago (change the deeds) or did mum write a will leaving the property to the three of you jointly?

If mum changed the deeds 10 years ago, then your DS has been the part-owner of the house for the last 10 years and needed to declare this in her benefit claims.

This also affect the issue round probate.

Shakethedisease

IS20 - A guide to Income Support

Houses and land

If you own the home you live in
The value of your property (that is your house, garage and outbuildings) is ignored unless any part of the property could be reasonably sold off separately. If you normally live in two properties, in some limited circumstances, the value of each is ignored. Loans raised on the property will be counted as capital. [Legislation (118)]

If property is owned but not occupied by you
The value of the property is counted as capital unless it is occupied by a person who is your partner or by a relative, such as your mother, or by a relative of a member of your family, and that person is aged 60 or more or is sick or disabled. The value of any property recently acquired and which you intend to occupy within 26 weeks of its purchase is ignored. And it may be ignored for longer than this if something serious has happened and it means you cannot move into the property when you intended.

If you are trying to sell the property
The value of the property may be ignored as part of your capital for the first 26 weeks after you start trying to sell it. And it may be ignored for longer than this if you are really finding it difficult to sell the property.

Looks like the capital value is ignored if a relative is/has been living in it and for 6 (+) months after it's been put up for sale.