Relation Landlord dies. (Complicated)

ElephantBoy57

mikeypr1212 said:

At the moment it’s will be a 50/50 split. But not agreed on the way it will be shared. Don’t ever know the difference between the options. 

But will rent out the other flat.

You could own your flat and the other beneficiary could own the other?

blue_max_3

ElephantBoy57 said:

You could own your flat and the other beneficiary could own the other?

Think the problem is the OP doesn't have any income.

mikeypr1212

blue_max_3 said:

ElephantBoy57 said:

You could own your flat and the other beneficiary could own the other?

Think the problem is the OP doesn't have any income.

Exactly. And most probabally will be. Just need to know when to close my claim with Housing Benifit.

Socajam

I would close the claim once everything is sorted out, because right now as probate have not been completed, you are still renting the property.
If you start now, they may close as soon as you inform them and then you could be left in limbo.

mikeypr1212

Socajam said:

I would close the claim once everything is sorted out, because right now as probate have not been completed, you are still renting the property.
If you start now, they may close as soon as you inform them and then you could be left in limbo.

Thank you. I will inform them as soon as probate is granted. Or perhaps once the land legistry has been updated.

A_Lert

Regarding benefits. The value of a property you own and live in is not treated as capital for the purpose of benefit entitlement. In certain circumstances you can be not resident for 6 months and still have it disregarded. If sold, the proceeds can also be disregarded for 6 months if used to buy a new home.

https://www.turn2us.org.uk/Jargon-buster/Disregarded-Property

greatcrested

* Is it correct that the deceased owned a house, which was divided into 2 flats, one of which you rent and live in? Who lives in the other flat?

* do you know if the flats are leasehold? Did the deceased own the 2 leases? And/or the freehold of the building? If you are not sure, you can buy the 3 Titles (1 freehold +2 leasehold) from the Land Registry here for £3 each.

* at present, nothing has changed. You pay your rent to the Estate instead of to the deceased. Who is/are the Executers?

* Once probate is granted, the Estate can be wound up and you can inherit. Are you sure you will get 50% ownership of the property (50% of the whole building? the flat you live in?)? Is this what you want? You could discuss with the other Beneficiary and the Executers the possibility of the Estate selling the building/flat and giving you the share of the cash. May not be possible, but worth considering.

* Whether you inherit the property (either half the building, the 2 flats, or 1 flat?), or cash, either way you'll need to inform DWP - this may affect your benefits

* in any case, for now, you should contact the executers regarding rent payments, and/or discuss a sale if that's what you want.

* you say "I have saved the rent that has been given to me since the death." but I'm unclear who is giving you rent. The occupant of the other flat? They should be paying the executers, like you. Perhaps you could clarify.

xylophone

Please see above - can you clarify exactly what you have inherited?
A freehold house - you and the other party own the freehold and two leasehold flats?

Or you and the other party have inherited a freehold house which has been informally divided in two - you were living in one part of the house and the deceased occupied the other?

Or some other arrangement?

macman

Left half of the property? Or left a half-share of the value of the property when it's sold?
If the former, you'll pay rent as before, 50% to yourself and 50% to the other owner, who inherits your tenancy.

[Deleted User]

* you say "I have saved the rent that has been given to me since the death." but I'm unclear who is giving you rent. The occupant of the other flat? They should be paying the executers, like you. Perhaps you could clarify.

OP surely means that they have saved the rent that has been given to them in Housing Benefit for the flat they live in, that would normally be paid to the deceased landlord and which is now being paid to the deceased landlord's estate, and which has yet to be granted probate.