sister wont leave my decesed mothers house

Jowo_2

seven-day-weekend wrote: »

DLA is not means-tested so she can have any amount of savings.

Thanks for clarifying. I guess this leaves two options.

She lived frugality and saved a substantial sum from her modest benefits over the last 40 plus years, assuming she was on DLA for most of this period, and therefore only needs a tiny mortgage.

Or she wasn't so great at budgeting on her limited income and doesn't have much savings to use as the deposit.

Jowo_2

Oldernotwiser wrote: »

Would she need a deposit if she already owns a third of the property?

Good point. So she only needs to raise a maximum of 66k to pay off her brother and her sister their two third share of the 100k property, assuming it was fully bought.

bluecab

The latest is she has applied for a morgage and waiting to hear from them, does anyone know how long hsbc take take to process a morgage application?
The good news is the tv license runs out at the end of the month so lets hope she goes back to her flat!

Milliewilly

bluecab wrote: »

The latest is she has applied for a morgage and waiting to hear from them, does anyone know how long hsbc take take to process a morgage application?
The good news is the tv license runs out at the end of the month so lets hope she goes back to her flat!

Don't hold your breath. I would guess it will be processed in the shredder if she has no income. Seriously, no income = no mortgage.

I suppose there could possibly be a chance of equity release but it would involve her 'owning' the property then doing the equity release and giving her 2/3rds back to you both.

bluecab

Milliewilly wrote: »

Don't hold your breath. I would guess it will be processed in the shredder if she has no income. Seriously, no income = no mortgage.

I suppose there could possibly be a chance of equity release but it would involve her 'owning' the property then doing the equity release and giving her 2/3rds back to you both.

I find it hard to believe - like you said no income= no morgage.

I rang hsbc and they said they send a letter out 5-7 working days after they recieve the application to say you have been accepted or not.
Going to give her till the end of the month then we will tell her to go home or words to that affect F OFF !!

edgex

Jowo wrote: »

Thanks for clarifying. I guess this leaves two options.

She lived frugality and saved a substantial sum from her modest benefits over the last 40 plus years, assuming she was on DLA for most of this period, and therefore only needs a tiny mortgage.

Or she wasn't so great at budgeting on her limited income and doesn't have much savings to use as the deposit.

the OP has said that she is 44, & hasnt worked since leaving school
so assuming she left school at 16, thats 28 years
& i cant believe she would have been able to keep claiming benefits for all that time, surely JSA & others would have been stopped?


OP:
i think its time to force the situation
she must know full well that theres no way of her getting a mortgage, she has no income, has no way of producing an income, likely dosnt exist at any of the credit ratings agencies, etc etc


get the estate sorted, get the utility bills paid up to date, & give them final readings, then get the services stopped. cancel all other contracts, eg tv licence, telephone etc
get the council tax sorted

if your mother left a will, carry out its instructions, ie. the dividing up of posessions, moneys etc
anything left over, ask if anyone wants the stuff, if not get it off to a charity shop or bin it

basically your clearing the house, so its in a state to be sold, which is presumably what has to happen


the house will belong to the estate, so she has no more rights to it & its contents than anybody else.



the only other option i can see is if you all want to retain ownership, & rent it out, producing an income for all 3 of you.

bluecab

Never worked and knows the system! whats annoyin is she says its my job to claim social ! & like iv said before also says its ok for you two in your comfy houses iv got nothing!
Rather than have big arguement going to give her till the end of the month then its of with the water and the stop !!!! will be welded up so she cant turn it back on!!

Jowo_2

bluecab wrote: »

Never worked and knows the system! whats annoyin is she says its my job to claim social ! & like iv said before also says its ok for you two in your comfy houses iv got nothing!
Rather than have big arguement going to give her till the end of the month then its of with the water and the stop !!!! will be welded up so she cant turn it back on!!

The deadline is sensible. Even if you put it up for sale at the end of the month if she doesn't get her mortgage,there's nothing to stop her from trying other lenders while it is being marketed and viewed on the open market, it can be done in tandem (just in case she asks for an extension to try and find a loan).

edgex

Jowo wrote: »

The deadline is sensible. Even if you put it up for sale at the end of the month if she doesn't get her mortgage,there's nothing to stop her from trying other lenders while it is being marketed and viewed on the open market, it can be done in tandem (just in case she asks for an extension to try and find a loan).

but DONT let her stay in the property
once the deadline has been reached, thats it, she has to be out of the property.
if she still wants to waste everyones time trying to find a mortgage, she can do it from her own flat

you also need to get all the services finished & paid up to date
& start clearing the property out, it should be in a state where its ready to be viewed & sold

Jowo_2

Where are you with the probate? Whose name is on the deeds?

If the sister is a joint owner, does this not mean she's entitled to have access and residency? I don't really have enough legal knowledge when it comes to joint ownership of property but got the impression from previous threads that a joint owner is entitled to live in their property.