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Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP! - Page 13

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Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP!

edited 16 February 2016 at 6:17PM in Deaths, Funerals & Probate
259 replies 65.5K views
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  • GigervampGigervamp Forumite
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    That's obviously good advice as long as she doesn't expect an IFA to know anything about benefits and the effect that income/capital will have on them.

    Well, benefits will stop (other than DLA/PIP), so it doesn't really matter.
  • edited 24 February 2016 at 9:00PM
    SystemSystem
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    edited 24 February 2016 at 9:00PM
    Gigervamp wrote: »
    Well, benefits will stop (other than DLA/PIP), so it doesn't really matter.

    Yes that's right.
    It's the law that if you have savings over £6000 you have to tell the DWP and Housing Benefit and show them all of your savings books.
    They will probably ask me to see a copy of mums will or at least something in writing from my solicitor as evidence of where the money come from.

    As some people abuse the system by working and you are not allowed to do that on ESA so they have to check for this.
    It also says this here on the DWP website:
    https://www.gov.uk/employment-support-allowance/eligibility
    Your income and savings
    Your income may affect your income-related or contribution-based ESA. Income can include:

    you and your partner’s income
    savings over £6,000
    pension income
    You won’t qualify for income-related ESA if you have savings over £16,000.

    https://www.gov.uk/housing-benefit/eligibility
    Housing Benefit.

    Who isn’t eligible
    Usually you won’t get Housing Benefit if:

    your savings are over £16,000 - unless you get Guarantee credit of Pension Credit
    you live in the home of a close relative
    you’re a full-time student - unless you’re disabled or have children
    you’re residing in the UK as an European Economic Area jobseeker
    you’re an asylum seeker or sponsored to be in the UK
    you’re subject to immigration control and your granted leave states that you can’t claim public funds




    So yes all ESA, Housing Benefit and Council Tax Benefit will be stopped one savings go over £16,000 as they will do when the house is sold and I get my money from the house.
    Then I will have to pay all of my rent and CT myself as well as live off my savings.
    My High Rate of Care DLA which I get with the Low Mobility Rate,will continue , I think.
    But that is only £104 and won't cover all of my living expenses. So I will have to use my savings as well.
    My DLA will eventually be replaced with PIP as all people on DLA will be reviewed for PIP some time in the future.
  • Rosemary7391Rosemary7391 Forumite
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    Gigervamp wrote: »
    Well, benefits will stop (other than DLA/PIP), so it doesn't really matter.

    It does matter, because I guess most people going to financial advisors have an income sufficient to live on already. If Ann invests all her money and can't touch it that'll be a major problem if the income thus gained isn't enough to live on, isn't reliable, or even something silly like only being paid in arrears, leaving her with nothing to live on in the meantime. She'll have to be careful if investing.
    Slinkies 2018 Challenge - 0/80lb lost
  • GigervampGigervamp Forumite
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    It does matter, because I guess most people going to financial advisors have an income sufficient to live on already. If Ann invests all her money and can't touch it that'll be a major problem if the income thus gained isn't enough to live on, isn't reliable, or even something silly like only being paid in arrears, leaving her with nothing to live on in the meantime. She'll have to be careful if investing.

    Ah, good point!
  • edited 25 February 2016 at 1:04AM
    jouefjouef Forumite
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    edited 25 February 2016 at 1:04AM
    annbarbs wrote: »
    I have just seen a page about Financial Advisers here on this forum ...
    Annbarbs, financial advice is way down the line. Please re-read the posts where people have said there may be a considerable delay before you get anything, and that you may run up legal costs that could significantly reduce what you get. This is the priority.
    annbarbs wrote: »
    ... And these costs will be split between the 3 of us, we will have a pay a thirds of these costs each.
    If you take legal action against your sisters, the executors, you may be liable for the whole cost of that action. If you are successful, they may be forced to pay your costs. If you are unsuccessful, you may have to pay theirs. The costs might come out of the estate, reducing what everybody gets. And if your costs are more than your net inheritance, which is not impossible, you may actually get nothing or even lose money.

    At least two people have asked how you know what your sisters want to do (not sell / live in the house / delay the sale, etc). If you have no contact with them, how do you know? I cannot see your answer. It appears their solicitor only said they were 'not ready' to sell. Are you speculating, or has someone told you this? Did your sisters say this in the past, or did your mother say it is what she wanted? It is important to clarify this, as it would indicate what sources of information you might develop. Can you clear up the question of whether your sisters intend distributing the estate correctly, if slowly, or if they plan to deny you your right to your share of the house? Or do you just not know which it is?

    May I suggest getting a full understanding of the relative rights and responsibilities of beneficiary and executor, as this is the stage you are at. If you can prove they do not intend executing properly you may need to act now, while if they are executing slowly you may be best waiting.

    How about getting an interim bill from your solicitor? When you see how much it has cost to get this far, and how much 20 or 30 times this, maybe more, would be to pay for a lengthy court case, you can take stock. Before doing so, I suggest checking with eg the CAB how to request this without incurring yet another fee!

    Someone suggested MIND for legal advice, you already know the CAB, and MSE itself campaigns to help people with mental health needs with financial matters. These are examples; please look around. My advice is not professional and should be checked out.
  • Newly_retiredNewly_retired Forumite
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    My opinion is that Annbarbs, when she does eventually get her inheritance, should not go to a Financial Advisor straight away.
    She should ask again on here, as many of us also read the Savings and Banking boards and can give good advice to get her started.
    Once the amount of the inheritance is finally known, and her essential costs of living are known, we can help her to work out how much she should keep in an accessible account, how much she can afford to invest, or in fact , whether it can all be housed in high interest current accounts or similar.
    It is important that the OP understands the advice offered, and is not directed into a product which is too complex .
    Most charities are not allowed to give financial advice as it is regulated, but maybe a Credit Union could help, when the time comes.
  • My opinion is that Annbarbs, when she does eventually get her inheritance, should not go to a Financial Advisor straight away.
    Surely the more pressing risk is that she may be denied her inheritance by her sisters, or may lose some, most or all of it in legal costs.
  • nom_de_plumenom_de_plume Forumite
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    Hello again Annbarbs.

    There's some good advice still coming your way but a lot of it is irrelevant at this moment in time.

    Forget about a financial advisor for now. Worry about that when you get your inheritance.

    Stay away from your solicitor for the time being. You need to bide your time on your sisters dealing with your and their mum's estate.

    What I think you need to do right now is find someone you can trust and who understands the basics of dealing with an estate following death to help you through this. Do you have any local friends who could help? There's a lot of well meaning advice on here but I think a lot of the posters do not understand how your personal issues are causing you to deal with and stress over this and adding further issues for you to stress over is really not helping.

    There's been a few questions asking about your solicitor's fees. I presume he's charging you. Do you know how much? If not, you really need to find out.

    One thing you could do for now is go onto https://www.rightmove.co.uk and search your mum's address and then keep an eye out for the house going up for sale.

    Other than that, my best advice is to make a note on your calendar to check on progress in maybe 1 month's time and put this to the back of your mind for the time being. Things have a habit of working out and worrying unnecessarily now will likely change nothing.
  • edited 25 February 2016 at 4:10PM
    SystemSystem
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    edited 25 February 2016 at 4:10PM
    There's been a few questions asking about your solicitor's fees. I presume he's charging you. Do you know how much? If not, you really need to find out.

    One thing you could do for now is go onto https://www.rightmove.co.uk and search your mum's address and then keep an eye out for the house going up for sale.

    My solicitor given me an estimate of their fess in dealing with my case until conclusion of my case which is between £2000 to £3000 and has also put this in writing to me.
    But that is only an estimate it is not a fixed quote.

    But he does not want any money from me now. He told me I pay at the end after I get my money from the estate and my case is closed or at the end of administration.

    Which is just as well because I am on benefits and don't have that money now to pay him with.
    But you are right that there is no point in me keep phoning the Solicitor all the time. My Solicitor said he is writing to my sisters solicitors to find out if they are dealing with the house sale or not.
    But so far they have not responded to my solicitors letter.

    So I think I should wait another 2 weeks and if I don't hear anything phone my solicitor then but not now.
    My solicitor is keeping me updated of my case by sending me letters and emails so I can also email him.

    Yes I did find my mothers house on Rightmove and also her old house she lived in on there. But it just says that the house was sold in 2009 and bought in 2010. And what it was sold for.
    That's how I know my mum moved to her new house in 2010 from her old house. So that could be one way of finding out if or not it is on the market now. But even if it is it might not be on that website.
    Stay away from your solicitor for the time being. You need to bide your time on your sisters dealing with your and their mum's estate.
    It's not that simple. As he has already taken my case and is dealing with it. And as we know it could take a year or even longer to be resolved.
    So as long as I am with the Solicitors even if I don't call them for months he is still going to have to charge me for the year or 2 years I am with them. Even if I don't phone them or see them very much in that time.

    So the only way out of that is to tell the Solicitor that I no longer want them to deal with my case and just spend as you say the next 6 months without a solicitor.

    But as I cannot talk to my sisters and my sisters solicitors won't talk to me. How will my case get solved?
    As I cannot do it on my own.

    If I had a god relationship with my sisters and they were wiling to sell the house it would be different. But this is not the case so there is no choice but to go to a solicitor.
    Because the CAB don't deal with this problem they told me.
    I must get a Solicitor.
    So what choice do I have?
  • RASRAS Forumite
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    annbarbs wrote: »
    But you are right that there is no point in me keep phoning the Solicitor all the time. My Solicitor said he is writing to my sisters solicitors to find out if they are dealing with the house sale or not.
    But so far they have not responded to my solicitors letter.

    So I think I should wait another 2 weeks and if I don't hear anything phone my solicitor then but not now.
    My solicitor is keeping me updated of my case by sending me letters and emails so I can also email him.

    Do you understand that every time the solicitor e-mails you it costs you about £50? And that every time you phone that is another £50 you owe them? and every 10 minutes of their time spent writing a letter costs you about £100?

    You need to leave this several months before you contact the solicitor again and if they keep contacting you with nothing extra to say, you need to stop them.
    The person who has not made a mistake, has made nothing
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