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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
109 replies 21.5K views
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  • SystemSystem
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    Caroline_a wrote: »
    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.

    Yes I think that you are right.
    As I am still on benefits I think I will find it very difficult to get private accommodation.
    Because a lot of landlords don't take DSS and HB will only pay a certain amount of rent.

    So I am restricted to what properties I could get because if they don't cover the Local housing allowance, HB won't pay. And they won't be affordable for me.

    And yes I would still be on benefits and if I gota property that was not covered by the full HB, I could end up paying a shortfall of £200 a month and I don't want that.

    Also I don't know how much money I will be getting after the house is sold,as money will come out of that for legal and estate agents fees.
    So it is unlikely I will take home the full 118k.

    So I think I should wait until I get my inheritance before I move.
    At least then I will know where I am and how much money I will have. Then I can make plans accordingly.
    And I won't have to claim HB either and won't be on benefits so I will have more of a choice then.

    I don't know when the house is going to be sold.
    It could take months or even longer.
    So I could be on benefits for a long time before the house is sold.
    And if I move and it is the wrong accommodation, I could be stuck there or a very long time.

    Where I am now I get my full HB and have to pay £29 a month rent which is my water charges to my HA.
    But if I was in private rented the shortfall of rent would be a lot more.
    As HB don't pay all the rent for private accommodation as most private rents are much higher than the Local housing allowance of that area of what HB will pay for.

    Also there is the possibility that I won't find a private landlord to take me on. Because I am on benefits.
    There is that too.
  • AnthearAnthear Forumite
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    Hi Annbarbs - I think you have done amazingly well so far - so well done you!!!

    Just a couple of things to think about - a private landlord might not be much better than the Housing Association. £608 a month might sound a lot, but before you make a decision to leave where you are, just look at how much private rental is and what you get for your money.

    Although the HA might be rubbish, a private landlord might not be much better. I think the idea of the Citizens Advice Bureau is a good one - if you can get there early to make sure you get seen.

    I think it would be good if you could see a Social Worker or MH worker - just for that added support.

    Moving house can be stressful and you want to make sure you make the correct decisions for you. You are doing great so far in asking for advice here but your Social Worker will be able to put you in touch with other people who may be able to help.

    Don't give up, I know how stressful it can be, and waiting for things to happen is really hard, but stick in there!

    :-)
  • edited 27 July 2016 at 4:44PM
    SystemSystem
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    edited 27 July 2016 at 4:44PM
    Well I already have seen my Ex-Social Worker of the CMHT last Friday,a few days ago.

    I had to see her because the Council want to review my Disabled Persons Freedom Pass again. Despite the fact that it runs until 2020 and was already reviewed a year ago.

    So my EX-SW is helping me with that, but I don't have a keyworker or psychiatrist at the moment.
    Because they said I don't meet the criteria.


    My CMHT Discharged me a year and a half ago but they said I can go back to them if I had any problems such as filing in benefit forms or needed any supporting letters for benefits.

    So I told my Ex-SW about the problems with my HA and why I don't want to stay there.

    She understands why and that I don't want to spend all my inheritance on the high rent my HA charges.

    And she did say I could move through the Home Swap scheme with the HA, where I can exchange my home with another HA tenant up North where the rent would be cheaper.

    My social Worker said that way I would still keep my Assured Tenancy with the HA. But it would be with another HA in Liverpool and the rent would be cheaper because it's up North (than what it is here in London.)

    But I don't want to do that. Because the whole things is too stressful for me as you can only move if the other HA tenant agrees to swap with you.

    As you are only told at very short notice when you can move. They give you about a weeks notice and you have to move in a week. And I cannot possibly close down all my utility bills and look for and arrange the removal van in a week.There is no way I can do that. I need to be given at least a month.

    As I have to tell the Gas and other utility companies I pay my bills to that I am moving. As well as arrange the removal van etc.There is no way I can do that in a week. And And if the other person changes their mind the swap is off.
    So that is too stressful for me and I don't see the HA Home sawp as an option because of this.

    Where as at least if I get a private flat I know that I have got it and when I will be moving in-I sign the tenancy agreement and pay the deposit and I am given a date when I can move in.
    So with Private lettings I know where I stand where as with the HA home swap I don't.

    Despite my MH I am mentally competent and am perfectly capable of making decisions about what I do and don't want to do.
    I understand the risks of renting private in that it is not a life long tenancy.
    But I have been in privates rented accommodation before I was with the Council.
    Yes in private rented the lease is for 6 months or a year. But as long as the landlord is happy with you and you are happy with them.And you pay the rent and don't break the tenancy agreement. They will review the lease every 6 months and you can stay there.

    I speak from my own experience because I lived in private rented accommodation with a landlord but managed by a letting agency for 9 years before I was with the Council.
  • SystemSystem
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    Update-Oh one more thing.
    The water supply is now back on.


    A few days ago on Thursday I went up to my Housing Associations Office in Person and spoke to one of the housing officers face to face.

    My housing officer introduced me to both the repairs officer (who is sort of a repairs manager for the HA)and the builders manager.
    Who is the manager for the builders who are supposed to be fixing my leaking roof problem.

    They took me in a room and sat me down and listened to me as I told them about the NO WATER supply and the other repairs that the repairs department at my HA have not yet fixed.

    The repairs manager understood I have MH problems and the delay to getting my repairs done is causing me distress and effecting my MH.
    He explained to me that the water pump needs a new part but the part had not come in until Thursday as it had to be ordered.
    But it had now arrived and the water should be fixed that afternoon.
    Which it was.

    The repairs manager has also told me that the builders are coming to fix my roof on Monday the 8th August. Which is next week.

    So I have now been given a date when my HA is coming to fix my roof. But they have given me dates before and have not turned up.
    But this time I saw the repairs officer face to face not just spoken to a person on the phone in repairs department at the call center they have.
    So I am hoping that my HA do keep their word and send the builders round on the 8th.

    But they have said things like that before and let me down so I don't know.

    I will have to wait until Monday and if they don't turn up I will go back to my HA office again.
    But I hope they do do that repair.
  • anniestaranniestar Users Awaiting Email Confirmation
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    Have you ever been to Liverpool? It's true that there are some areas with very low rents, but, as is the case everywhere, the worse the area the cheaper the rent. It really wouldn't be fun to be stuck somewhere that you didn't feel comfortable in. Home should be a sanctuary after all.
    Would it be possible to maybe go up for a few days to have a look and to get a feel for the place?
    At the very least you would have a short break and I'm sure you would enjoy it. Liverpool is a lovely city with loads to do. It is well worth a trip. Good luck.x
    Blind as you run...aware you were staring at the sun.

    And when no hope was left inside on that starry starry night.

    :A Level 42- the reason I exist. :A
  • edited 16 August 2016 at 3:25PM
    SystemSystem
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    edited 16 August 2016 at 3:25PM
    anniestar wrote: »
    Have you ever been to Liverpool? It's true that there are some areas with very low rents, but, as is the case everywhere, the worse the area the cheaper the rent. It really wouldn't be fun to be stuck somewhere that you didn't feel comfortable in. Home should be a sanctuary after all.
    Would it be possible to maybe go up for a few days to have a look and to get a feel for the place?
    At the very least you would have a short break and I'm sure you would enjoy it. Liverpool is a lovely city with loads to do. It is well worth a trip. Good luck.x
    Yes I know Liverpool very well.
    I have been there many times.

    I have made up my mind that when I get my inheritance I am going to move and nothing anyone says is going to make me change my mind.

    As you know when I get my money I have to tell the DWP and my benefits will then be stopped as my savings will then be over 16k.

    And then if I stay here in my HA flat I will have to pay £608 per month which is a lot of money and will eat up my inheritance more quickly.

    So what's the point if I am not happy here which I am not.
    My Ex- CMHT Social worker told me I could do a home exchange scheme with another HA and move up North that way.

    But that is not really an option either because I have tried that. But the only website my HA uses is Homeswaper which is not user friendly at all.
    And there is nothing on there.

    Also once I agreed to the home swap I would be expected to move to my new HA home in a week.

    And there is NO WAY I can find a removal van and arrange for my furniture to be moved in a week!
    I don't think any human person can.


    As I have mental health problems I could not possible cope with moving with only a weeks notice to move.
    And even people who are not mentally ill could not move in a week as I said.

    So when I move it will have to be private rented accommodation.

    Also I don't even know how much money I will be getting.
    My solicitor has heard from one of my sisters and my sisters told him by letter which I have a copy that.

    The house is being sold for £285000 and that my sisters are using a solicitor and the legal bill for selling the house is £3,500.

    I and my sisters each inherit a third of the money from the house plus £25k each my mother also left us.

    So I have calculated that is 95k plus 25k which is 120k that I will get and my sisters will get the same amount of money.

    But I won't be taking it home as there will be costs to pay.

    My solicitor says I and my sisters must each pay a third of the costs for selling the house out of our inheritance.
    Plus my solicitors bill.
    So I might only come home with 80k or even less than that.
    But I won't know that until the house is sold.




    And as you know that is not enough to last me a lifetime.
    Maybe 10 years or a bit longer but eventually I will have to go back on benefits again when the money runs out.
    Well that's going to happen anyway but if I move up North my money might last longer as there will be less rent to pay.

    In the beginning when I first heard about the will I was ecstatic as I though I would be financially secure for a lifetime.
    But now I know better since I have worked out my costs of living.

    I know my mother has tried to do the right thing by leaving me that money.
    But it has put me in a dilemma.
    As my benefits will stop and as there is no way I can work because of my MH problems.
    I will have to live off my savings and as we know the amount I am to inherit is not going to last forever.


    So eventually in several years time I will be back where I am now-
    On benefits again.
    Which is not really what I want.

    I would have been happier if I had been an only child then at least I would have got the whole 285k the house is being sold for.
    Which would have last me for the rest of my life.
    But sadly I can only inherit a third which won't.
  • MojisolaMojisola Forumite
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    You will be better off because your inheritance is allowing you to make a move which you wouldn't have been able to do without it.
  • edited 16 August 2016 at 8:22PM
    SystemSystem
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    edited 16 August 2016 at 8:22PM
    Mojisola wrote: »
    You will be better off because your inheritance is allowing you to make a move which you wouldn't have been able to do without it.
    Yes that is very true.

    Even if I only end up getting say 60k after I have paid my third of costs for both the estate agent and Solicitors involved.
    It is still better than nothing.
    And it is more money than I would have been able to save myself with my benefits.

    And of yes of course it will give me the choice of moving house on my own if I want to.
    Also it will be easier for me to get private rented accommodation with a private landlord.
    Because I won't be on housing benefit, so I won't have to tell the landlord or letting agent I am on benefits, because I won't be.

    Although there is a risk if I choose to rent private that when my money eventually runs out and I have to go back on benefits, the landlord could evict me, if he or she does not want tenants on benefits.
    And I could end up being homeless again and having to go back to the Council for housing.



    Which is how I ended up here with the HA in the first place.
    I used be be with a private landlord but he threw me out and because I could not find anywhere else.
    Because at the time I never had any money for a deposit and could not find any landlord who took DSS.
    I went to the Council and they first put me in a temporary flat then they put me here with my HA.

    Of course I don't know the future so I don't know where I will be in 10 years time when my inheritance runs out.
    Or in less years if the money is less than what I hoped for.

    But how ever many years I have with that money, it will mean I will be independent of the DWP. As I will have my own money to live on.
    And it will also be a chance to make a new life for myself.
    hopefully I can then make a new start.
    Then when my money does eventually run out and I do have to go back on benefits again.


    Hopefully I will be in a different situation.
    In that I will be in a different area with a different health trust.
    Who will at least give me the support of the MH sevices that this area I am in now is denying me.

    Here I have no psychiatrist or CMHT Keyworker because this health trust in my area says I don't need it. Which is wrong.
    At least if I move I will might get more help.
    Another reason why I want to move.

    I am one of the more fortunate because I am on the High Rate Of Care DLA with ESA, The Support Group.

    So I get £290 a week in benefits plus most of my rent and Council Tax Paid.

    And it's true that even if I did stay here I would have to pay the full rent of £608 a month plus full Council Tax, when my inheritance comes.
    As my benefits will then be stopped.

    But it won't see me hungry or on the street as I will have my inheritance to pay my rent and bills and feed myself.

    It's true that my inheritance won't secure me for life as it will run out eventually, even in a matter of years.

    But even if there was no will and I had to live on my benefits.
    As you know benefits get reviewed from time to time.
    And there is always the possibility that the DWP could cut or stop then each time they review them.

    So with or without my inheritance there is a risk either way.
    But at least when I get my inheritance, even if it is only enough to last for say 6 years, at least I know I have got that money for that time(before it runs out.)
    So I can at least plan for my future.
  • Newly_retiredNewly_retired Forumite
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    Your DLA will not stop when you get your inheritance, as it is not means-tested. However, before long it will stop and you will be told to claim PIP instead, as DLA is being phased out. I suggested you get some help to claim PIP when the time comes, as the changeover is not automatic.

    When you get more help for your mental health, maybe you wil, in time be well enough to get a job and not need to be on ESA. Then you can keep your inheritance as well as your earnings and your DLA / PIP.
  • SystemSystem
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    Your DLA will not stop when you get your inheritance, as it is not means-tested. However, before long it will stop and you will be told to claim PIP instead, as DLA is being phased out. I suggested you get some help to claim PIP when the time comes, as the changeover is not automatic.

    When you get more help for your mental health, maybe you wil, in time be well enough to get a job and not need to be on ESA. Then you can keep your inheritance as well as your earnings and your DLA / PIP.

    Yes that is true.
    DLA and PIP do not stop no mater how much savings you have and they are not means tested.

    But ESA, Council Tax Benefit and Housing Benefit wil be stopped once I get my inheritance as they are for everyone whose savings go to 16k and over.

    And those benefits are also cut for every amount of savings you have over £6000.


    But DLA and PIP are not effected.

    Yes I know about PIP and it is based on your care needs and ability to do tasks.
    But my MH condition is such that my EX-CMHT Social worker and GP feels I do meet the criteria.

    I have already been though this last before with my ESA.
    When the DWP reviewed both my Income Suport and Severe Disablement Allowance for ESA.
    ESA is also based both on care needs and ability to do tasks as well as being incapable of work.

    PIP like ESA is based on the care you need not the care you are actually getting.


    The criterias are both similar in some ways in that both benefits look at you ability to do tasks.

    But despite the fact that I was no longer under the CMHT I got my ESA and was put in the Support Group.
    The DWP just wrote off to my GP for a medical report.

    As longs as your GP or whoever the DWP write to says you have the care needs which I still do, then you should still get PIP.

    One thing I thought about is that as all of my benefits will be stopped except for my DLA.

    But work is out of the question for me as my MH health and care needs are such that I cannot work.

    But at least my inheritance will help me and I certainly won't struggle to pay the bills or go hungry with 90k or even 60k.

    And I will be spending most of my money on rent and it will eventually run out.

    One thing I thought about considering the money I will be spending on rent.
    Is that maybe I would be better off buying a flat upfront(no mortgage as I won't be working or have an income) myself.

    As I have seen flats in Liverpool For 50k.


    So if I get 90k, I could use that to buy a flat there.
    That would then leave me with about 40k of my inheritance, but I then won't be paying rent so my money could last near enough the same time as it would if I was paying rent.

    Then when my money falls bellow 16k I could claim ESA again.
    But I won't need HB as I will have my own flat that I own.
    At least that way I won't have to worry about a landlord or a HA.
    And as it will be my own flat I own, that would give me a secure home for life.


    And it is also an investment.

    Because in a few years a flat bought for 50k could be worth more money if I sold it.
    So if ever I became hard up or wanted to move I could sell my flat and I would get the money from that.


    So maybe buying a flat is a better option than renting from a private landlord.
    As then I would at least own my own home and would never have to worry about being evicted.
    And could also sell it to get myself more capital in the years to come.
    What do you think?
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