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

iammumtoone

Why are you in such a rush for the money?

I understand you want your full share and entitlement but why the rush?

Once you get the money to be honest you wont be able to do much with it as you will be expected to live off it and not spend frivolously.

I appreciate you want to get off benefits but at some point you will have to go back on them again, there is no rush to come off benefits as you will be off them the same amount of time whether that time starts now or in a few years.

Listen to your solicitors advice and give your sisters some time, they will still be grieving as you will be, now is not the time to be making big decisions.

iammumtoone

RAS wrote: »

What getmore4less is trying to explain is that even though the will leaves the property to be divided equally, the law may actually agree that your sister needs a home regardless of the will.

Yes but the sister will walk away with £130K which is enough for a decent house in some areas of the country. If she chooses to stay local £130K is still plenty for a deposit and rent up front for a while. She is only in her 40s and OP has stated no reason that she is unable to work.

In those circumstances what reason could a judge decide that she has a right to stay there? I thought only older people who are past their working life and would come out of the situation with very little money got rights to stay in a house.

Gigervamp

What about inheritance tax? Won't that need to be paid, as the value of the estate is over 400k?

System

What getmore4less is trying to explain is that even though the will leaves the property to be divided equally, the law may actually agree that your sister needs a home regardless of the will.

No both my Solicitor, the CAB and another legal adviser I have talked to have told be that's not going to happen.

Does your sister work? Has she ever worked?

Yes my sister was working but gave up work to care for mum. But that was her choice but now she can get another job and go back to work. Since she is fit for work and has no health problems.

If she was psychically or mentally disabled she would not be a carer for mum would she.

Why are you in such a rush for the money?

I understand you want your full share and entitlement but why the rush?

Once you get the money to be honest you wont be able to do much with it as you will be expected to live off it and not spend frivolousness.

I appreciate you want to get off benefits but at some point you will have to go back on them again, there is no rush to come off benefits as you will be off them the same amount of time whether that time starts now or in a few years.

Yes that is correct.


Once I get my money from the house or any other monies. I will have to tell the DWP because it is the law that if you savings go over £6000, you must notify the DWP.


And all of my Housing Benefit will stop and so with my ESA and Council Tax Benefit. Because once your savings get to £16,000 and over you cannot get benefits.

And yes I will have to live off of my savings and pay all of my rent and CT myself.

But I am also on DLA Disability Living Allowance and as far as I know that is not effected by savings. So I may still be entitled to that but I am not sure if DLA or PIP is stopped as well if savings go over £16,000.

But the HB,ESA and CT certainly will be stopped and I won't be entitled to those again until my savings fall below £16,000.

Which won't be for at least another 10 or 15 years. But yes it's true 114k and 25k won't last a whole lifetime. Although I could live off some of the interest and some banks have high interest accounts for savings like that.

aaroncaz

annbarbs wrote: »

No both my Solicitor, the CAB and another legal adviser I have talked to have told be that's not going to happen.


Yes my sister was working but gave up work to care for mum. But that was her choice but now she can get another job and go back to work. Since she is fit for work and has no health problems.

If she was psychically or mentally disabled she would not be a carer for mum would she.




Yes that is correct.


Once I get my money from the house or any other monies. I will have to tell the DWP because it is the law that if you savings go over £6000, you must notify the DWP.


And all of my Housing Benefit will stop and so with my ESA and Council Tax Benefit. Because once your savings get to £16,000 and over you cannot get benefits.

And yes I will have to live off of my savings and pay all of my rent and CT myself.

But I am also on DLA Disability Living Allowance and as far as I know that is not effected by savings. So I may still be entitled to that but I am not sure if DLA or PIP is stopped as well if savings go over £16,000.

But the HB,ESA and CT certainly will be stopped and I won't be entitled to those again until my savings fall below £16,000.

Which won't be for at least another 10 or 15 years. But yes it's true 114k and 25k won't last a whole lifetime. Although I could live off some of the interest and some banks have high interest accounts for savings like that.

That is a very judgmental thing to say, there are many many carers who suffer from ill health themselves, elderly spouses for example.

System

iammumtoone wrote: »

Yes but the sister will walk away with £130K which is enough for a decent house in some areas of the country. If she chooses to stay local £130K is still plenty for a deposit and rent up front for a while. She is only in her 40s and OP has stated no reason that she is unable to work.

In those circumstances what reason could a judge decide that she has a right to stay there? I thought only older people who are past their working life and would come out of the situation with very little money got rights to stay in a house.

I am unable to work because I have mental health problems. And I was under the CMHT and psychiatrist but now just under my GP.

Though I still have minimum contact with my Ex-CMHT social worker.

I am on the High Rate Of Care DLA with Low Mobility Rate and also get ESA benefit. And I am in the Support Group on ESA because I cannot work.

But my sisters have no MH problems so they can work but I can't.

getmore4less

I think you might be underestimating how long this will take.

I have read what you say your solicitor has said and I repeat I don't think you will see anything this year if they dig in.

You can try to force a sale or remove them as executors but that won't be quick.

If he sister has lived with the parent all her life and if the parents have been subsidising her existence in other ways I think she may have shot at claiming some dependency even if it is just an interest in possession(till she dies or sells) to stay in the house .
(if she does that it will solve your benefits problems)

If she is totally financially independent in other ways that she may not convince the court.





Did you tell the solicitor she has lived there all her life.

System

Gigervamp wrote: »

What about inheritance tax? Won't that need to be paid, as the value of the estate is over 400k?

My Solicitor will take care of that.
I will of course have to pay all legal fees for the sell of the house as will my sisters including inheritance tax.

And I will have to pay all legal fees for my Solicitor since this is not covered by Legal Aid.
Legal Aid does not pay for Wills and Probate or Property sales.
But that will all come out of my money from the house.

And my sisters will also have to pay any legal fees and inheritance tax out of their money from their share of the house sale.

RAS

Your sister has just spent a number of years working almost 24/7 looking after your mother and has lost her place in the job market.

She will be exhausted and needs a little time to grieve, to get in a place where she and your other sister can face sorting out the house to get it ready for sale, possibly to re-train and then to get a job. She has probably wrecked her pension plans permanently.

I refused to do a similar thing for my mother because I knew that the long-term cost would be huge, apart from not wanting to be screamed and yelled at every day.

Yes they need to sell up but you need to be patient as well.

Mojisola

annbarbs wrote: »

My Solicitor will take care of that.
I will of course have to pay all legal fees for the sell of the house as will my sisters including inheritance tax.

And I will have to pay all legal fees for my Solicitor since this is not covered by Legal Aid.
Legal Aid does not pay for Wills and Probate or Property sales.
But that will all come out of my money from the house.

And my sisters will also have to pay any legal fees and inheritance tax out of their money from their share of the house sale.

Inheritance tax is paid by the estate, not the beneficiaries.

There may not be any to pay if your father didn't use up all his allowance when he died.