What do I do??

Jobo1979

Hi,

Here goes.... my father passed away a few months ago very suddenly. He didn't make a will so everything goes to my step mother he had some land he brought for me years ago that I kept my horses on and always said that will be mine one day. So my step mother thought that dad had put the land in my name years ago (never actually got round to doing it) so I have since found out after my father passed he had got housing benefit and I don't think he had declared the land it's only grazing land no building (he had given me the paperwork and just classed it as mine) so we are now in a dilemma my step mother has said she wants me to have it as my dad wished there are no other assets as the rented a house so that is the only asset.
Where do we start? I'm concerned if we go through probate I may loose this land as my father was getting housing benefit can they take it from us?
My step mum wants to sign it over to me she doesn't want/need it she didn't even know dad still legally owned it! Where do I start and how? Can we get in to trouble for dad not declaring it? Will I loose it?

It's only a field greenbelt no buildings and about 7 acres of grazing land.
Thanks in advance I'm worrying sick about it and really want it sorting asap my step mother wants it sorting asap too .

Thanks

Yorkshireman99

Jobo1979 wrote: »

Hi,

Here goes.... my father passed away a few months ago very suddenly. He didn't make a will so everything goes to my step mother he had some land he brought for me years ago that I kept my horses on and always said that will be mine one day. So my step mother thought that dad had put the land in my name years ago (never actually got round to doing it) so I have since found out after my father passed he had got housing benefit and I don't think he had declared the land it's only grazing land no building (he had given me the paperwork and just classed it as mine) so we are now in a dilemma my step mother has said she wants me to have it as my dad wished there are no other assets as the rented a house so that is the only asset.
Where do we start? I'm concerned if we go through probate I may loose this land as my father was getting housing benefit can they take it from us?
My step mum wants to sign it over to me she doesn't want/need it she didn't even know dad still legally owned it! Where do I start and how? Can we get in to trouble for dad not declaring it? Will I loose it?

It's only a field greenbelt no buildings and about 7 acres of grazing land.
Thanks in advance I'm worrying sick about it and really want it sorting asap my step mother wants it sorting asap too .

Thanks

Your stepmother needs to apply for letters of administration to administer the estate. This is essentially the same as obtaining probate. Any money or goods that he owned need to be included in the estate value. The land will probably have to be professionally valued by a RICS member or similarly qualified person in case it has development potential. Your father should have been declaring the income from the land and this might affect how much benefit he was paid. The land will pass to your mother but she can execute a deed of variation transferring it to you. If there has been an over payment of housing benefit the DWP will expect it to be repaid.

Jobo1979

Thanks for the reply
He wasn't earning off it he brought it 20 odd years ago for me and my horses. If I'd have known he hadn't said anything I would of done something but i didnt think and nor did he. he was a simple man and very old fashioned he paid 15k for it back then with money my granddad had left us then gave it me (deeds everything) I really don't think he has done it on purpose I think he just didn't think about it as he had classed it as mine not his. it can't be built on its green belt so no building only animal grazing (for my horses)

Jobo1979

If there is a payment to DWP owed can I just pay that and not loose the land? Everything else is sorted (no money owed anywhere) step mother has closed all accounts this has just come up in conversation we had sorted everything else but then I realised the land is in dad's name still!

Jobo1979

Sorry how do we get letters of administration? Where do I go/contact? I haven't a clue where to start??

securityguy

"Your father should have been declaring the income from the land and this might affect how much benefit he was paid."

The DSS would take a very dim view of someone claiming housing benefit while holding an undeclared asset capable of either producing an income or being sold. So even if there was no income, the capital value of the asset is also relevant.

And although Yorkshireman and I differ over the realistic likelihood of legal problems arising from the issue of transfers at an undervalue prior to death followed by insolvency, there is no such doubt around large assets either being concealed or being transferred at an undervalue prior to claiming benefits. Had your father transferred the land to you it would be been deprivation of assets, and although I am sceptical about some of the wilder claims of what constitutes deprivation, that most certainly would: a valuable asset, not being used for housing or trade, where the sole purpose of the transfer could reasonably be held (and that's "reasonably" in the eyes of something a great deal less than a court) to have been for the purpose of reducing the claimant's assets.

You'll probably need to repay some or all of the housing benefit, up to the value of the asset that was concealed. You also need legal advice. I doubt that "he didn't think of it as his" will get you very far, although it might be worth a try: I think the usual assumption will be that the registered owner of land is also the beneficial owner (as against, say, a car, where being the registered keeper doesn't necessarily make the car "yours").

Jobo1979

So who do I talk to for legal advise? A solicitor? I really have no idea what to go or where to start?

nom_de_plume

Jobo1979 wrote: »

he brought it 20 odd years ago......he paid 15k for it back then with money my granddad had left us then gave it me (deeds everything) I really don't think he has done it on purpose I think he just didn't think about it as he had classed it as mine not his.

This needs exploring fully as it may be that you can prove sufficiently that he did indeed give it to you and thus exclude it from his estate and any liability attached thereto. The difficulty will be the lack of documented evidence and some 3rd party corroboration of his gifting it to you would doubtless be useful.

Jobo1979

I have the deeds he gave me my step mother can vouch he had gave it to me (hence why she didn't think of it when sorting all dad's affairs out) she just assumed it was mine. We just didn't do the paperwork side of it my dad was 71 very stubborn ex farmer stuck in his ways thinking I have the paperwork and when he goes I would automatically get the land so no need to do the paperwork side of it he wouldn't talk about death or wills ever if we tried to bring it up he would just say "don't start talking like that" he was in his own little world he wouldn't use the phone etc very stuck in his ways (bless him) I don't even know who had put the clare in for housing benefit as he wouldn't of done it (phone phobia) he brought the land when he was working then later in life he had a stroke he didn't work again due to his health and like I said very simple life. My stepmother is disabled and she is worrying sick I'm going to loose out and we get in trouble because of this. Dad was not a fraud at all he was just a bit silly not thinking it was a asset he would of thought a asset is a house that's it (as what my step mother said when I told her about this her words "well why would he say it's a asset it's ures" trying to tell old people the laws etc is hard work believe me! ��

Jobo1979

Basically he brought the field for me and my ponies years ago and never thought anymore about it. It's the sentimental value more to me one of my ponies is buried there!

chesky

Go onto the GOV.UK website for wills, probate and inheritance. It will tell you how to apply for letters of administration.