Help with benefits for my dad and pop (long and confused!!)

CookieCrisp

Hi, thanks Ras. Would there be anyway to claim this probate back from the solicitors if they knew it was not supposed to be charged? Thats made me feel so angry! I have to do the school run now but I will call my dad as soon as I am home and find out everything I can about what the solicitors did etc and come back here
Thank you

Oldernotwiser

RAS wrote: »

Probate is when you "prove a will" but if your grandmother had £2500 in her account and the lawyers were the executors, then they have really stung them badly. Apart from anything else small estates do not need to be proved at all (less than about £20K).

Can you check whether the solicitors have been appointed executors for the new will? if so, try and get this changed otherwise when pop dies, there will be another unneccessary £1500-2000 to pay out.

Might the house have been part of the estate?

RAS

Oldernotwiser wrote: »

Might the house have been part of the estate?

If the house was a joint tenancy it automatically becomes the property of the sole survivor (joint and several meaning that they both own it completely) and is not part of the estate.

CookieCrisp

Oldernotwiser wrote: »

Might the house have been part of the estate?

My nan and pop both owned the house jointly, in their wills they say that in the event of both of them passing, the house will go soley to my dad, but in the event of one of them passing then the house would go soley to the surviving one (oh god, i sound really morbid, i hate digging about in all this! It just feels so wrong that there was no help towards the funeral costs and then a whopping solicitors bill on top!)

Just waiting for the kids to go to bed then I shall call dad and find out exactly what he paid the solicitors for

Oldernotwiser

RAS wrote: »

If the house was a joint tenancy it automatically becomes the property of the sole survivor (joint and several meaning that they both own it completely) and is not part of the estate.

Thanks for the reply. I just wondered as we didn't know it was jointly owned, but I can see that the OP has addressed this now.

salau2

Hello, based on the information you are supplying there a number of very important considerations here. Please note this is a possible option for your Father. If your father cares for your Grandfather for more than 35 hours per week then he may be entitled to Carers Allowance (CA). Please note that care does not have to be physical can be reassurance and or physical there is no specifics on type of care. As your Father appears to be claiming Incapacity Benefit (IB) he would not be paid CA as CA and IB are overlapping benefits. However, he may be able to claim Income Support as a carer and have it topped up with a carer’s premium which may be an additional £25-30 per week. I know you may consider it strange to claim CA when you are claiming IB for being unable to work but I have seen many people do this in the past. As a person who is eligible for IB is not ineligible for CA as disabilities have numerous affects both mental and physical.
Note – important – for the purpose of council tax benefit (CTB) your father’s income should be disregarded as your grandfather is calming AA (attendance allowance). Also if your Grandfather is receiving higher rate AA then your Father could claim to be a disregarded person due to being a carer and thus your grandfather would be entitled to the single person discount (25%). Also, it sounds like your Grandfather is getting the savings credit of pension credit – you do not state what amount your Grandfather gets State Pension (SP) per week nor whether he gets any private pension so I cannot comment on whether he may be entitled to the guaranteed credit. If he was getting the guaranteed credit of pension credit then he would be entitled to full CTB. Please see CTB statement and make sure they have disregarded your Father’s income and that they know your Grandfather is claiming AA.
And just for comment if a house is owned as a joint tenancy between two people then wills are immaterial as the right of survivorship overrules automatically, regardless of what the will states. The difference is where a house is held as a tenancy in common (where you own a specific percentage of the property). Note that a trust is different.
Please contact either the CAB or see a SSAFA advisor if your Grandfather/Father was in the armed forces or Age UK for more detailed benefits advice.

rogerblack

CookieCrisp wrote: »

Thank you, he received the dla decision on the 3rd Oct Im sure he said, yesterday I managed to get him to agree to appeal it, this morning I phoned to see how everything was and he told me he had called dla and they had told him there was little point in appealing the decision

Sigh.
They say 4 Nov - however - phone up again, and ask for a 'written statement of reasons'.
This gives you the reasons why they made the decision, and lets you challenge them.
It also extends the time period to two weeks, or two weeks after they supply the statement of reasons, to at least 18th Nov.
(Probably after 22th Nov, as they won't get the statement of reasons posted out immediately)

[Deleted User]

so £94 a week IB £71 a week AA and state pension £102 week i make that £267 a week to keep 2 people with no rent or mortage and less than £2 week c.tax plus a pension credit top up,i`m sorry but i dont see a massive problem here,many families of 4 survive on less

Oldernotwiser

woodbine wrote: »

so £94 a week IB £71 a week AA and state pension £102 week i make that £267 a week to keep 2 people with no rent or mortage and less than £2 week c.tax plus a pension credit top up,i`m sorry but i dont see a massive problem here,many families of 4 survive on less

That's why I couldn't understand why the OP wanted help with heating and bills when they already receive money for it. (Also the WFA of course.)

CookieCrisp

salau2 wrote: »

Hello, based on the information you are supplying there a number of very important considerations here. Please note this is a possible option for your Father. If your father cares for your Grandfather for more than 35 hours per week then he may be entitled to Carers Allowance (CA). Please note that care does not have to be physical can be reassurance and or physical there is no specifics on type of care. As your Father appears to be claiming Incapacity Benefit (IB) he would not be paid CA as CA and IB are overlapping benefits. However, he may be able to claim Income Support as a carer and have it topped up with a carer’s premium which may be an additional £25-30 per week. I know you may consider it strange to claim CA when you are claiming IB for being unable to work but I have seen many people do this in the past. As a person who is eligible for IB is not ineligible for CA as disabilities have numerous affects both mental and physical.
Note – important – for the purpose of council tax benefit (CTB) your father’s income should be disregarded as your grandfather is calming AA (attendance allowance). Also if your Grandfather is receiving higher rate AA then your Father could claim to be a disregarded person due to being a carer and thus your grandfather would be entitled to the single person discount (25%). Also, it sounds like your Grandfather is getting the savings credit of pension credit – you do not state what amount your Grandfather gets State Pension (SP) per week nor whether he gets any private pension so I cannot comment on whether he may be entitled to the guaranteed credit. If he was getting the guaranteed credit of pension credit then he would be entitled to full CTB. Please see CTB statement and make sure they have disregarded your Father’s income and that they know your Grandfather is claiming AA.
And just for comment if a house is owned as a joint tenancy between two people then wills are immaterial as the right of survivorship overrules automatically, regardless of what the will states. The difference is where a house is held as a tenancy in common (where you own a specific percentage of the property). Note that a trust is different.
Please contact either the CAB or see a SSAFA advisor if your Grandfather/Father was in the armed forces or Age UK for more detailed benefits advice.

Thank you, I am still waiting on a call back from my dad so will run this past him too