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Car and deprivation of capital
Comments
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I .... handed everything over to a solicitor.
That's why it's taken over 4 years!One creditor took six months to produce a final bill. Another the solicitor is having trouble finding as it seems the company has changed names.
Although it is the executor's job to ensure debts are paid you don't need to chase creditors for 4 years to force them to take your money.
A simple section 27 notice in the London Gazette will give any creditors 2 months to claim or the debt is virtually unenforcable and the executor cannot be held liable if they have distributed the estate.
The thing is ..the delay in distributing the estate has been to your advantage as once it is distributed you will be ineligible for means-tested benefits. You say you don't own a house the estate does, but you are a beneficiary of the estate, basically of a trust. I'm not 100% on this but this might actually count as capital for benefit purposes, and the DWP are unlikely to be very happy that the estate has taken over 4 years to finalise. Estates are supposed to be finalised within a year, I know that's not set in stone but if what you have done is legal you seem to have come up with an answer to all those threads on this forum that ask'
' I'm on Income Support/JSA/ESA and have inherited a house/money, will I still be eligible for my benefits?'
The answer would seem to be yes, just ask the executors to never wind up the estate.0 -
That's why it's taken over 4 years! No, it isn't. I'm not going into it all again, but it wasn't because of the solicitor.
Although it is the executor's job to ensure debts are paid you don't need to chase creditors for 4 years to force them to take your money.
A simple section 27 notice in the London Gazette will give any creditors 2 months to claim or the debt is virtually unenforcable and the executor cannot be held liable if they have distributed the estate. We did that, but as we know the debt is owed (the firm did write) it has to be paid. The problem seems to be with a merger changing the firm name, so it's not as simple as just sending a cheque.
The thing is ..the delay in distributing the estate has been to your advantage No it hasn't. as once it is distributed you will be ineligible for means-tested benefits. Which will be the case whenever it's distributed. You say you don't own a house the estate does, but you are a beneficiary of the estate, basically of a trust. It's nothing like a trust. The estate owned a house. I didn't.I'm not 100% on this but this might actually count as capital for benefit purposes No it doesn't, and that's been confirmed by the DWP, and the DWP are unlikely to be very happy that the estate has taken over 4 years to finalise They haven't said anything about being unhappy.. Estates are supposed to be finalised within a year bullcrap, I know that's not set in stone but if what you have done is legal which it is. you seem to have come up with an answer to all those threads on this forum that ask'
' I'm on Income Support/JSA/ESA and have inherited a house/money, will I still be eligible for my benefits?' Those questions always get answered and the answer is dependent on circumstances.
The answer would seem to be yes, just ask the executors to never wind up the estate.
The executors (or, as in my case, administrator) have a duty to wind up the estate in a timely matter whilst adhering to the law. That's been done in my case. There were many, many complications which people on these boards will be sick of hearing me moan about. But I wasn't to blame for that. And to suggest that hiring a solicitor has led to breaking the law :rotfl:Unless I say otherwise 'you' means the general you not you specifically.0 -
As you have found OP, when you mention coming into money it is frowned upon here.
I don't think 6k for a car is unreasonable. Nor is carpeting your house, new sofas, bed wardrobes etc.
Why should you not be able to buy a 2k sofa? If that's the average price that working people pay why shouldn't you do the same.
Enjoy your inheritance as best as you can.
Oh and as to my previous thread where I was going to spend 15k on a car I have now decided a cheaper runaround IS my best option.
Jealousy is rife on these boards.0 -
As you have found OP, when you mention coming into money it is frowned upon here.
I don't think 6k for a car is unreasonable. Nor is carpeting your house, new sofas, bed wardrobes etc.
Why should you not be able to buy a 2k sofa? If that's the average price that working people pay why shouldn't you do the same.
Enjoy your inheritance as best as you can.
Oh and as to my previous thread where I was going to spend 15k on a car I have now decided a cheaper runaround IS my best option.
Jealousy is rife on these boards.
Except I doubt very much that it is, nor do people who earn their own money generally go out and buy new " carpeting .... new sofas, bed wardrobes etc." at one fell swoop.
It isn't a question of jealousy but of common decency - attitudes like yours do disabled people a discredit and bring the benefit system into disrepute.0 -
missbiggles1 wrote: »Except I doubt very much that it is, nor do people who earn their own money generally go out and buy new " carpeting .... new sofas, bed wardrobes etc." at one fell swoop.
It isn't a question of jealousy but of common decency - attitudes like yours do disabled people a discredit and bring the benefit system into disrepute.
There you go......
What is wrong with the OP replacing furniture?
For all you know they may need replacing but perhaps the OP cannot afford to do it on benefits.
If he now has the means to replace them why is that not decent?
Do you think he should continue to live on the same amounts that he gets now on benefits until all his money is gone?
End of the day you are allowed to buy certain things like a sofa, carpeting etc. Why should the OP not do this?0 -
Don't worry, I have no intention of spending thousands on a sofa. And most of the furniture I've replaced has been via ebay - no more than £80 including delivery so far. The £50 bed I got from Tesco was a false economy though because it fell apart after a week.
I am going to go out and buy carpets/flooring for the whole flat in one fell swoop though. For thermal efficiency, comfort, and to cover up the blood and !!!!!! stains I'm currently enduring. Although as the whole flat is only 50sqm even buying good quality and luxuriating with underlay isn't going to be an offensive amount.
Just one minor point though - I'm a she, not a he.Unless I say otherwise 'you' means the general you not you specifically.0 -
Don't worry, I have no intention of spending thousands on a sofa. And most of the furniture I've replaced has been via ebay - no more than £80 including delivery so far. The £50 bed I got from Tesco was a false economy though because it fell apart after a week.
I am going to go out and buy carpets/flooring for the whole flat in one fell swoop though. For thermal efficiency, comfort, and to cover up the blood and !!!!!! stains I'm currently enduring. Although as the whole flat is only 50sqm even buying good quality and luxuriating with underlay isn't going to be an offensive amount.
Just one minor point though - I'm a she, not a he.
I know that!
I don't doubt that you'll be spending your inheritance sensibly - it was the other poster's attitude that I took exception to.0 -
Don't worry, I have no intention of spending thousands on a sofa. And most of the furniture I've replaced has been via ebay - no more than £80 including delivery so far. The £50 bed I got from Tesco was a false economy though because it fell apart after a week.
I am going to go out and buy carpets/flooring for the whole flat in one fell swoop though. For thermal efficiency, comfort, and to cover up the blood and !!!!!! stains I'm currently enduring. Although as the whole flat is only 50sqm even buying good quality and luxuriating with underlay isn't going to be an offensive amount.
Just one minor point though - I'm a she, not a he.
Don't forget to replace your white goods if they are old and inefficient as well, oh and a holiday.0 -
missbiggles1 wrote: »I know that!
I don't doubt that you'll be spending your inheritance sensibly - it was the other poster's attitude that I took exception to.
If the OP is ENTITLED to buy certain things why shouldn't she?0
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