Inheriting A House While On Benefit

Deffy

Hello,

I will try to be as accurate as i can

My mother passed away pretty unexpectedly

Her house was left to me, i am also her executor

I have had to sort her funeral/DWP/council tax etc etc

My ma was on state pension and pension credit

Up until now no monies were either owed to her or owed back to the state

I am on benefit, it was called incapacity now after all the phonecalls to hanley (jobcentreplus is it ?) they tell me my benefit is called something else

After i had sorted the funeral (had to apply for and recieved a grant for roughly half the basic funeral cost) and dwp and all the relevent bodies i was left owing just under 1200 pound towards the funeral

I have got it down to a third of that now (borrowing/selling items)

My main worry is obviously paying the funeral directors

I called to ask for paperwork about the house now being mine (0845 number system)

They sent a massive form which as it turns out was the wrong form, my benefit payment was suspended, just a mess up not of my doing

So now i have a A64A 04/10 form to fill in and send off

On numerous calls to the department of security (not sure of exact term to use) i explained my main worry is paying the balance left on my ma's funeral

As it stands now hopefully next week when i recieve my benefit i can bring what i owe down more

Thing is, no one i've spoke to on the phone can tell me really what is going on benefit-wise to me, and i have no idea what to expect

I want to move into my ma's house as soon as i can just as she wished, but having to find the balance of the funeral cost has really hit me money-wise (i kept a car on the road purely for my ma's hospital and doctor appointments etc, actually to tell you the truth my ma kept it on the road)

I feel in my heart of hearts paying off the funeral directors first makes sense, then i can sort my affairs out as-to moving in to my ma's and giving the flat i live in to someone else

I as i say was on what was then termed Incapacity which now maybe called something else

Also i claimed rent and council tax allowance/benefit

I just don't know who to ask again who who can help, so i managed to get online and post here

Any questions i'll gladly answer

Thankyou

Deffy

pmlindyloo

Hi and welcome and sorry to hear about your mum.

I'm not quite sure what your question is but I'll say a few things and you can come back with more information and any other questions.

I believe you are on Employment Support Allowance. Does that sound right? It should be on your award letter.

First of all the funeral bill. I am presuming that your mum didn't leave any money, just the house and there is no mortgage on it?

You need to keep in touch with the funeral director and let him/her know that you are trying hard to pay the money. Well done for paying off the large chunk so far. Is there no other family that can help you out? I am sure that the funeral director will allow you to make payments as and when you can afford to.

When you move into your new house then you will still be able to keep your ESA and also apply for Council Tax benefit. Your mum's house will then be your primary residence so won't be taken into consideration as regards your benefits.

When you move you will need to inform all the relevant people regarding the benefits you receive at the moment so... Housing Benefit, Council Tax benefit and Employment Support Allowance. You need to tell them of your change of circumstances and your new address.

Have I answered all your questions?

pmlindyloo

Just to add that the capital from an inherited house can be ignored for 6 months (or more if deemed necessary) if you plan to live in it so you will need to let the various benefit people know that you intend to live in it.

Also, I have given the previous help assuming that you do not have a partner or children and no savings (!)

sleepless_saver

Deffy wrote: »

Hello,


I just don't know who to ask again who who can help, so i managed to get online and post here

Any questions i'll gladly answer

Thankyou

Deffy

You've had good advice here but if you want to speak to someone face to face you could try your local Citizens Advice Bureau. They should be able to help with the formfilling and any benefit problems.

Fire_Fox

It should be the estate that is paying for the funeral not you personally. As executor you have a legal responsibility to settle bills in a particular way, you can't pick and choose which you think is most important. The house is not yours until probate has been granted and all the land registry paperwork done, if that has not happened it belongs to the estate so I can't see why you would muddy the waters by declaring it.

I don't really understand why you received a grant for the funeral when there was capital in the property. Can you take in a lodger when you move into the house to bring in some extra money?

Land_Registry

Although not part of your original post Fire Fox has referred to the Land Registry aspect - at some point you should consider the legal title to your Ma's property.
Our online FAQs and Public Guide 9 explain what to do in specific circumstances provided the property is in England & Wales.

If the property was registered in her sole name and you intend to retain as both executor and beneficiary then you would complete an Assent of the title using form AS1.

The CAB will also be able to assist with this aspect although sorting the other issues is probably the priority.

If you are unsure as to the procedure and/or how to complete the forms and make the application you can Contact Us for help. We cannot give legal advice though.

Deffy

Hiya,

Thanks for your condolences, my mom was my world you see, my best friend, i sorted not only my own meds but hers too, tried my utmost to make her life easier and worthwhile

I feel with distant family wanting this and that, and paperwork and wrong paperwork being issued i've not had a proper time to grieve ............

The Employment Support allowance sounds correct

My ma had only a tiny amount in her account, this went straight towards her funeral, not much at all

She had saved enough previously to cover a funeral, alas she gambled on her health and had a new gas boiler and radiators installed and a few interior items

The house was hers solely, the house here was cash sale from previous house sale funds

Alas my brother killed himself late 2009 (i had to go through his funeral arrangements too) i have sisters but not on talking terms let alone anything else, i shall just say to be polite they could of been better towards their mom, way way better

The funeral directors did my late brothers funeral in late 2009, which i was still trying to come to terms with, still am really

They have said they didn't want me to 'make myself short' but for me having my wonderful ma's funeral paid is a must, i feel sick/sad/ashamed it's ended up with me not being able to pay for the whole of it

My main question i should of said is ...........

Is there any overlap allowed in times like these, i mean, i have a flat which i obviously want to hand back over and move into my ma's

But with still having to find the rest towards the funeral i can't see any chance of a move for at least another 3wks maybe 4wks, am i likely to lose my benefit while i have the flat and ma's house

By around 4wks time i should of been able to of paid ma's funeral off, got enough money to do a quick move (only 8miles away) and i'm selling anything i can from my belongings to make money

Many Thanks

Def

Added ............

Bills etc were either paid up to date, had just been paid or were in credit

There are no debts i repeat no debts regarding my mother, the only debt anywhere near regarding the house or my mother is in my name, as i had to sort her funeral

Thanks for the replies, i am going to check the links etc

Thankyou

Def

Deffy

pmlindyloo

You are correct, i have no partner or children living with me

Thankyou

By the time i started to reply to your post you had added another showing what i really needed to know

I got upset as i am still so sad at my loss, hence time taken to reply, and of course many more helpful replies

Again

Thankyou All

Def

pmlindyloo

I know how difficult it is sorting out everything on your own.

Please remember that your local CAB (as already suggested) will be able to guide you through anything else you need help with.

I hope it all works out well for you.

Deffy

Thankyou All

CAB is where i am heading to tomorrow

Forms are a nightmare for me so cab makes sense

Thanks All



Def

ps : Is there an online directory of forms etc to do with benefits, just so i can get a heads-up on which ones would apply to me, as i don't want to spend money on phonecalls trying to sort out wrongly sent forms

Thanks

pmlindyloo

I should deal with one thing at a time.

Take the A64A form to CAB and ask them for help completing this. I believe this form is to do with you having a financial interest in another property other than your own residence so this needs to be sent asap as it's about your benefits.

Have you got everything sorted out as regards your mum's house?(see Land Registry post 6) CAB could help with this.

As regards other benefits. Has your ESA been reinstated? Is your Housing Benefit and Council Tax beneft still being paid? Sometimes if ESA stops, HB and CTB automaticaly stop. Ask CAB to ring and check that you still have live claims for ESA, HB and CTB.

As long as your current benefits are still running then you do not need to do anything until you decide on a moving date. Your local council website may have forms online that you can print off to tell them of a change of circumstances/change of address. Each council has their own ways of dealing with this. But you don't have to worry about this yet.