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My Late Mum's Will-Worried My Solicitor might Keep My Money-Please Advise Me. - Page 4

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My Late Mum's Will-Worried My Solicitor might Keep My Money-Please Advise Me.

edited 16 July 2016 at 1:06PM in Deaths, Funerals & Probate
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  • Caroline_aCaroline_a Forumite
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    You also need to remember that if you buy somewhere you will need to pay for any upkeep, plus if there is a flat there will be services charges, so it isn't just a question of paying for your flat and that being it for the next however long.

    Reliable contractors are very very hard to find, and these days there are many people who will happily rip you off and take your money, and when it's gone if you have your own house or flat there will be nobody to fund it.
  • I am pretty sure that buying a house to live in is not depravation of capital. Why would it be as it is a long term saving to the state as you will buy it outright and never need to receive housing benefit again. Is your mental health deteriorating with all the additional stress that you are under? I think you need more help than a forum and I would contact the CMHT and ask to have a keyworker reinstated to get you through this time. You have a lot on your plate at the moment and it must be impacting on you.

  • PriciviusPricivius Forumite
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    I don't want to stress you out, but your comments regarding the £25k have raised a concern. If your solicitor is holding this money for you, and the only reason he is not paying it to you is to maintain your benefits, I am concerned that this is problematic.

    I have been unable (after a brief search) to confirm the trigger for you being deemed to be in receipt of the inheritance - whether it is grant of probate or payment or finalising the estate - but if I were you, I would clarify this for certain rather than risk an overpayment.

    As I am sure you know, you cannot refuse an inheritance in order to maintain benefits, but I am also concerned that you cannot delay receipt of benefits which are payable to you, in order to maintain benefits.

    Hopefully, you have already taken advice on this point and my concern is moot, or someone more knowledgeable can clarify the position.
  • edited 22 July 2016 at 12:09AM
    SystemSystem
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    edited 22 July 2016 at 12:09AM
    I don't want to stress you out, but your comments regarding the £25k have raised a concern. If your solicitor is holding this money for you, and the only reason he is not paying it to you is to maintain your benefits, I am concerned that this is problematic.

    No my solicitor is not holding the 25k for me. My mum had 77k in savings and I and my sisters get a third which is 25k each.

    My sisters are executors of the will and the 77k is still in the executors account but my sisters have not touched that money so they have not got their 25k either. And my solicitor has asked my sisters to send the 25k at the end of administration after the house is sold.
    I have been unable (after a brief search) to confirm the trigger for you being deemed to be in receipt of the inheritance - whether it is grant of probate or payment or finalising the estate - but if I were you, I would clarify this for certain rather than risk an overpayment.


    Grant of probate was already given on 29th December 2015. And my mum has left both her house and her money to myself and my 3 sisters. So I have inherited a third of the house and so have my sisters and a third of mum's money-77k. And me and my sisters wil get 25k each.

    My sisters who are executors have now put my mums house up for sale and I get a third of the money of whatever the house is sold for and the 25k.
  • cheskychesky Forumite
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    Annbarbs, you haven't replied to my question about MIND. Do you know about a branch local to you? Have you ever had dealings with them?
  • edited 21 July 2016 at 6:16AM
    SystemSystem
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    edited 21 July 2016 at 6:16AM
    I have had a terrible time this past day.
    Because the water pump on our estate has broken down again and it was only fixed Monday.
    And I and my other neighbors on my housing estate have now had NO Water Supply since 8 oclock Wednesday morning yesterday.


    Worst still I was in the middle of washing my hair when the water went off. And I had to scoop up the water from my half filled bath and rinse my hair out in a plastic bowel over the kitchen sink with a beaker.

    Because I had soap in my hair when the water went and I could not just leave it in.Could I.

    It was lucky I had filled my bath up before I had soaped up otherwise I would have been in trouble.

    But I had to wash out my hair in a bowel over the kitchen sink and it took me 2 hours to finish it, and my back aches fro bending over that sink to do it. And I should not have had to do that

    But this is not the first time this has happened, the water pump had broken down several times before and we have been left without water each time until my HA come and fix it.
    Once the HA made us wait 4 days before they fixed it and I had to go and stay in a hotel because I could not stay there without water.

    So now every time I wash my hair I always fill my bath up first incase the water goes off while I am washing my hair.

    And when it did yesterday morning I could not believe it and when I phoned my HA and told them I had to wash over a plastic bowel in my sink.

    They did not seem to want to listen to me. They did not answer me when I told them this and just said we are sending someone.
    And each time I phoned my HA I get a different person on the phone because it is a call center,which does not help at all.

    Then when I waited all day and no one came I got so fed up I finally phoned environmental health of my Council.
    And an hour later an environmental health inspector from the council turned up at my door.


    He saw there was no water and told me my HA must fix it and he also said that if the pump is constantly breaking down it could be the hA is not doing the repair properly which is what I think as well.

    One of my neighbors who saw me with the environmental health officer also told him that she has had no since Wednesday morning and she has got 3 small children. So I am not the only one who has reported my HA to EH. Another neighbor told me they have done the same thing gone to EH over this.

    It is not my mum's will that is stressing me out. Mum's will has made me look at my life and realize that I am unhappy here.
    When I first heard mum had left me the house I was happy because I knew it would make me independent of the DWP for many years and make me more financially secure.

    But then at the same time I realized I could not live here with my HA because of all of the issues I am unhappy with. And the fact that my inheritance would be given to my HA in rent. It is going to cost me a lot of money £608 a month rent to my HA and I am not even going to get the service I am paying for, they will still be the same, they won't do the repaired ans they won't treat me any better.

    And the water problem is making my MH worse. I mean how can I live somewhere where I don't know when my water is going to stop working.
    At least if I move I won't have that problem. And I have now decided that I am not going to wait until the house is sold before I move.
    As I cannot stand it here another year which it could be before the house is sold. And then when it is I will have to pay all that rent to my HA which I don't want to do.

    Because why should I stay here and pay all that rent if they are not looking after the property and are not treating me right.
    It's my money the HA will be taking so I have a right to move out of here if I don't want to be here which I don't.

    So I am now thinking of going to my solicitor to ask him if he could get me some of the money say 2 thousand pounds from the 25k so I can secure a deposit with a private landlord.
    But I don't know if my solicitor can do that or if I would have to take all of the 25k now if we did.


    Another option for me to ask for the full 25k but then my benefits will stop and there is no guarantee I will be able to find anywhere else to live.
  • Caroline_aCaroline_a Forumite
    4.1K posts
    I think we can all see that you are very unhappy with your housing association, however I would say:

    - Private landlords vary hugely in their duty of care to tenants - some are very good at repairs, some couldn't care less

    - With the housing association you have tenure for however long you want, not so with private landlords and you could be forced to move every couple of years

    - Do you have friends or family in Liverpool who could do a first check of any flats for you? Otherwise you could use up a lot of money going back and forwards

    - With £2k you would still be on benefits. This would limit the amount of flats available to you.

    I don't mean to put a dampener on your move, I hope it all goes well for you, just wanted to try to put the less optimistic side to you - you have already sold it to yourself, but it would be awful if you found it was a worse situation than you are in now.
  • PriciviusPricivius Forumite
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    Pricivius wrote: »

    I have been unable (after a brief search) to confirm the trigger for you being deemed to be in receipt of the inheritance - whether it is grant of probate or payment or finalising the estate - but if I were you, I would clarify this for certain rather than risk an overpayment.

    I note your response but I am still unclear what the trigger is for you being deemed to be in receipt of the inheritance and therefore no longer entitled to benefits. For example, I am sure your solicitor could not ask the executors to hold the money in the executor account forever! Have you disclosed your impending inheritance to the LA/DWP to clarify when they deem you to have received it?
  • MojisolaMojisola Forumite
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    Pricivius wrote: »
    I note your response but I am still unclear what the trigger is for you being deemed to be in receipt of the inheritance and therefore no longer entitled to benefits. For example, I am sure your solicitor could not ask the executors to hold the money in the executor account forever! Have you disclosed your impending inheritance to the LA/DWP to clarify when they deem you to have received it?

    It's usual for the DWP to be told when the money goes into the beneficiary's account. Until that happens, benefits won't be affected.

    It's also normal for the money to be held by the executors until the whole estate is finalised.

    If the estate was wound up and a beneficiary asked the executors to retain the money for some time so that benefits would still be paid, the DWP could act by stopping benefits and reclaiming any overpayments.

    AIUI, this wouldn't be done while the executors were still working on the estate. The DWP can't force executors to make interim payments.
  • SystemSystem
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    I note your response but I am still unclear what the trigger is for you being deemed to be in receipt of the inheritance and therefore no longer entitled to benefits. For example, I am sure your solicitor could not ask the executors to hold the money in the executor account forever! Have you disclosed your impending inheritance to the LA/DWP to clarify when they deem you to have received it?

    My mother has left me her house and she has also left it to my sisters. I have not received my inheritance yet and I won't until after the house is sold. And my sisters have not received any money either.

    The house is already up for sale and it will be sold hopefully in the next few months. It could take longer but I don't think we will have to wait a year before it is sold, unless we are very unlucky and nobody wants to buy the house.Which is unlikely.

    Of course the 77k mum left us won't be in the executors account forever. The house is already up for sale and eventually it will be sold. When it is the money will be released from the executors account. And given to me and my sisters along with our money from the house.

    When I receive my money I will of course have to tell the DWP and Housing Benefit and my benefits will then stop.
    But I do not have to tell them about the will now because I have not got any money.

    So they cannot stop my benefits because I don't have any money or savings that are over the limit and won't have until the house is sold.

    My benefits would only stop after I have received my money and my savings were to go over £16000 but I have not. So they can't.
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