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My Late Mum's Will-Worried My Solicitor might Keep My Money-Please Advise Me. - Page 8

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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 you would need to ask your HA that as they probably all differ.

    Yes I could ask them.

    I remember when my HA tenancy started a week after I viewed the flat.
    I told my Social worker I need more time and need to stay another 2 weeks in my old flat.

    But she said if I did that I would have to pay the rent myself for the 2 extra weeks I stay at my old flat as HB won't play for 2 places.

    But when I get my inheritance I won't be on HB.
    So I think what would probably happen if my HA wanted to move me in a week and I asked to stay an extra few weeks at my flat.

    Is that I will have to pay rent for the few weeks I am at my old flat and also the rent from whenever my tenancy started at my new flat even for the few weeks I would not have moved int.

    But that's all right because I will have my inheritance.
    So I will be able to afford it.

    But that may also be the case if I get a private flat. Because my HA says if I leave to go to private flat I must give my HA a months notice or be charged a months rent in advance.

    As I may get my private flat where the letting agent starts the tenancy from the week I accept it but I still have to give my HA a months notice.

    So I won't be able to move in right away.
    So it's the same thing if I get a private let.
    More or less.
  • ShelldeanShelldean Forumite
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    A mutual exchange is done with another tenant whoes property you want. That's when you can just arrange a mutually agreeable date to love.
    When we moved between HA properties, no other tenant involved we was given about ten days from.viewing to when new tenancy started. We hadn't even started packing at this point and as I said previously had small.children and the new house was a state.

    So our tenancys overlapped. As you said HB won't pay for two properties, they only paid for the new property during the overlap. We had to find the second lot of rent ourselves.
    If housing benefit wasn't involved so long as both rents were paid and the overlap wasn't too long I guess it might be ok.

    But as Caroline said ask your HA for their procedures as they'll vary.
  • SystemSystem
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    Shelldean wrote: »
    A mutual exchange is done with another tenant whoes property you want. That's when you can just arrange a mutually agreeable date to love.
    When we moved between HA properties, no other tenant involved we was given about ten days from.viewing to when new tenancy started. We hadn't even started packing at this point and as I said previously had small.children and the new house was a state.

    So our tenancys overlapped. As you said HB won't pay for two properties, they only paid for the new property during the overlap. We had to find the second lot of rent ourselves.
    If housing benefit wasn't involved so long as both rents were paid and the overlap wasn't too long I guess it might be ok.

    But as Caroline said ask your HA for their procedures as they'll vary.

    That's what I thought.
    I think once I sign the tenancy agreement I can move in anytime after the date it starts.

    but as you saying if I wanted to move in after a month instead of 10 days, I would have to pay both my rent for my old home and the new one.

    But I am wiling to do that and as long as I do. I don't see the problem.
    But as you say it depends in the HA as it's up to them.
    If they say no they I won't do the home swap, that's all.
  • annbarbs wrote: »
    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.

    Have a look at the different areas. I know in parts of the Midlands you could probably buy a house outright for £80k and I'm sure some parts of the North will be the same
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
  • theoreticatheoretica Forumite
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    annbarbs wrote: »
    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 you know that you will be moving, whether as a HA home swap or into privately rented accomodation, you could put together for yourself a moving file, and do some of the work you need beforehand. Find two or three moving vans with affordable prices so you just ring down the list to find the one that is available when you need it. List the utilities which need readings and everyone you need to tell and their numbers, or address the envelopes. You could even start thinking about tidying and packing - where will you get boxes from?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • You can often get a van and driver from anyvan or the other one (my minds gone blank) within a few hours if needed usually
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
  • getmore4lessgetmore4less Forumite
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    What does the local council environmental health say about properties with no water being habitable.
  • SystemSystem
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    Update-Re My Mothers House-It has Now Found A Buyer- But-

    Well I got an email from My Solicitor last Friday.
    As you know my sisters have now found a buyer for the house but it is not yet officially sold.

    My Solicitor said that to make sure that my sisters do not keep my share of the money from the house sale for themselves.

    He has written to my sisters solicitors who are dealing with the house sale.
    Telling them that unless they can confirm that the money will be handed over to me, my solicitor will have to submit a UN1 Form preventing the sale of the house.

    In order to prevent my share of the money being kept from me by my sisters.

    Here is the letter my Solicitor wrote to my sisters solicitors( modified, and some of it in my own words, as to prevent my case being recognized in public as this is a public forum.)
    My solicitors letter to My Sisters Solicitor:
    This firm is instructed to act for our client( my Name.)
    We understand that you have been instructed to deal with the sale of our clients mothers estate.

    And we understand that the property has been sold.

    We would be grateful if you could not there is a history of conflict between our respective clients ( my sisters and I.)

    The difficulty is that we have no confidence that our client will receive the proceeds of the sale once it has been archived.
    Or if she does this will take an inordinate length of time.

    In the circumstances we are instructed to submit a UN1 application to prevent the sale, unless we have your undertaking to remit one third of the net proceeds of the sale to our client on completion day.

    We will also need to know the amount of the sale price, estate agents and legal fees etc.

    Hopefully your clients( my sisters) will give instructions but if not we will submit a UN1 for within 7 days.

    We look forward to hearing from you.


    My solicitor.

    My solicitor also told me in his letter to me that it is not usual to receive all my money at once.

    So I phoned him up and asked him why.
    And he said that some money is temporarily kept back in case my mother had any debts in which to be settled. In which case it would be taken out of I and my sisters inheritance.
    But that is only if there were any debts.

    But My solicitor said I and my sisters should receive a substantial sum of money after the house is sold.

    I told him that of course I will have to tell the benefits people of whatever money I received and they will stop my benefits.
    And if it's only a small sum, the DWP would probably not reinstate my benefits if the money ran out before the rest of it came.

    But my Solicitor said that "90k won't run out so quickly."

    So it seems that only a small sum of money will be withheld from me and my sisters temporarily until it is found out if or not my mother had debts.

    Then I assume the rest of it will be paid out son after unless there were any debts.

    In which case I and my sisters would be responsible for and would be taken off of our inheritance or some of the money they are holding.

    My Solicitor also told me that my sisters solicitors are only dealing with the house sale NOT my mothers will as I thought.

    Therefore to get me my £25,000 which is still to come my solicitor will have to go direct to my sisters for it.
    So the 25k won't come at the same time as the money from the house but soon after.

    And if my sisters don't hand over my inheritance my solicitor said he will take them to court.
    But I hope that does not happen and I get all of my money as I am entitled to.
    But my solicitor is prepared for that possibility give that my sisters are hostile to me and want no contact with me.

    I am not saying that my sisters will not give me my money but it is a possibility I should be prepared for just in case it does happen.
    That's one of the reasons I got a solicitor because I cannot go to my sisters because I don't get on with them.
    I spoke to my solicitor on the phone and he has explained it all to me.
    That's the update so far.
    I thought I would let you know.
  • missbiggles1missbiggles1
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    annbarbs wrote: »
    Rubbish!
    If I was living anywhere else I would not have this problem because my water supply would be from the mains from the water board like most normal homes are.

    Not a shoddy water pump maintain by a HA.
    So I would not have to put up with any of this.

    The world is full of landlords who don't do repairs and it's full of landlords who'll give notice to awkward tenants!;)

    I think you're making a terrible mistake but you'll have to find that out for yourself. At least your HA property will be freed up for someone more appreciative!
  • edited 30 August 2016 at 3:16PM
    Yorkshireman99Yorkshireman99 Forumite
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    edited 30 August 2016 at 3:16PM
    There is no reason for snide remarks like yours on the this forum particularly when you know the OP is troubled.
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