Any rules on time span to sell a property after probate. 21 May at 4:16PM edited 21 May at 4:34PM in Deaths, Funerals & Probate 22 replies 960 views

Froglet

Mum died last September and probate is now done.My sister still lives in her property,which is still in Mum's name,and has done for 20 years.When sold,it will be  spilt between us three siblings.

The problem is that she has little in the way of savings and is on benefits until she gets her state pension next year.The council have as good as told her she will not get a place as she is not a priority once she gets her inheritance.As she won't have enough to buy somewhere,her only option is to rent privately.Which she wants to do,and is keen to move,but due to health problems it will have to be a bungalow or flat.And they are very difficult to find locally,at least ones she can afford.

Me and my other sister are fine for her to stay where she is for the moment,but I am concerned that because the bungalow is still in Mum's name,there will be something we have missed about how long after probate you can have that arrangement.
Has anyone actually been in this situation before please ?

Flugelhorn

you can sell anytime after probate is granted - most people want to get on with it as there start to be bills to pay on the property - also if the value has gone up since probate then there is CGT to pay also - but you don't HAVE to sell in any particular time scale 

when you say "fine for the moment" how long to do you really mean? would you be happy for her to live there long term and pay you both some rent for your share?

Froglet

 Thanks for your reply.

My sister has been paying the bills since Mum went into a care.home last year.I think she is realistic enough to know it can't be a long term thing,and she certainly.could not afford to pay us rent for it,not would we ask.

She is registered for a place to rent in as many places as possible locally.At least if we don't have to sell within a given time,we don't have that pressure.I think over time she will realise it's quite expensive to.run,and a smaller place would be more suitable.

The worst that could happen is we stress her out by pushing her to move and she has another relapse of her ME.Then I will be the one caring for her,as I've already been doing that a lot over the last year due to other health issues,and I'm not well myself.

Mojisola

Froglet said:

Which she wants to do,and is keen to move,but due to health problems it will have to be a bungalow or flat. And they are very difficult to find locally,at least ones she can afford.

Me and my other sister are fine for her to stay where she is for the moment,but I am concerned that because the bungalow is still in Mum's name,there will be something we have missed about how long after probate you can have that arrangement.

As she isn't well, could you regularly check for suitable properties and help her through the process?  We're doing the same for a relative with ME - they often aren't functioning well enough to check websites and contact EAs - knowing we're doing that helps them and, in your situation, it will keep the momentum going that the current situation is temporary.

Froglet

Thanks Mojisola.She doesn't have the internet,so yes,I have been doing most of the leg work.I check quite often as to anything new.Some of the letting agencies don't put the properties through Rightmove,so we have already registered with several in the area.There are a lot of elderly people already iwhere we livea,and,like most places there are fewer bungalows and flats than houses.

Marcon

Froglet said:

 Thanks for your reply.

My sister has been paying the bills since Mum went into a care.home last year.I think she is realistic enough to know it can't be a long term thing,and she certainly.could not afford to pay us rent for it,not would we ask.

She is registered for a place to rent in as many places as possible locally.At least if we don't have to sell within a given time,we don't have that pressure.I think over time she will realise it's quite expensive to.run,and a smaller place would be more suitable.

The worst that could happen is we stress her out by pushing her to move and she has another relapse of her ME.Then I will be the one caring for her,as I've already been doing that a lot over the last year due to other health issues,and I'm not well myself.

You don't have to sell within a given time - think about how many properties quite simply don't sell for many months, sometimes years.

Flugelhorn said:

you can sell anytime after probate is granted - most people want to get on with it as there start to be bills to pay on the property - also if the value has gone up since probate then there is CGT to pay also - but you don't HAVE to sell in any particular time scale 

Just to clarify - CGT is only payable on the increase in value between the probate value and actual sale value and then only on any amount which exceeds the CGT allowance (see https://www.gov.uk/capital-gains-tax/rates).

Mojisola

Is there any suitable over-50s housing around?  That might not be ground floor but will have lifts.
Do the council know that she has serious health problems - that could increase the chance of a place, although councils are so stretched it's maybe better to find a private rental. 
Is she getting all the benefits she's entitled to?

Savvy_Sue

Mojisola said:

Is there any suitable over-50s housing around?  That might not be ground floor but will have lifts.
Do the council know that she has serious health problems - that could increase the chance of a place, although councils are so stretched it's maybe better to find a private rental. 
Is she getting all the benefits she's entitled to?

I agree, look for sheltered housing, the waiting lists with 'social' landlords tend to be more mobile than for 'normal' properties. It will also mean that there will be SOME support on hand when she needs it. 

Froglet

Yes,thanks,we have looked into social housing and have already registered with one company.There is very limited social housing in our area,and places seem to get swallowed up by the council first

They do know about her health needs but seemingly don't think that ME and her mobility problems are serious enough.

Froglet

I am looking into benefits,I'm sure there must be something,but when I asked before,when she was in a bad way waiting for a replacement hip ,they classed it as temporary.

Mojisola

Froglet said:

I am looking into benefits,I'm sure there must be something,but when I asked before,when she was in a bad way waiting for a replacement hip ,they classed it as temporary.

Problems while waiting for a hip replacement would be considered temporary.

The disability ME causes isn't.

The ME Association has some useful leaflets on claiming benefits and there is a helpline for advice as well.

If she claims before reaching pension, she may get some money towards mobility issues as well as care needs.  After pension age, she will only be able to claim Attendance Allowance which only covers care needs.

On this site the Benefits & Tax Credits board is the place to go for advice on claiming.