Any rules on time span to sell a property after probate.

Froglet

Mojisola said:

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.

Thank you.I will have a look and talk to her.I know she gets the ME magazine,and they have been helpful to her when claiming benefits.

Sea_Shell

In cases like this it's very hard to know when any length of time is too much, or not long enough.

When to push, when to back off?

6 months from now?  12 months, 2 years, 5, 10!!!?

You know your siblings best.   But hopefully you can all stay on the same page as to what needs to happen and when.

As the longer it goes on, the harder it is to move on and the status quo becomes the easiest option.  Inertia sets in...then you're stuck!

jonnydeppiwish!

Could you not evict your sister, this putting her homeless? That way she may go up in some of the waiting lists?
obviously it would have to be done delicately!

Savvy_Sue

That might not help At All. The council may conclude that she is not vulnerable and that therefore they have no duty to offer her anything.

Before it's pointed out that she is nearing state pension age and has ME, the threshold for vulnerability is IMO astonishingly high in this area, and I don't know if she would meet it.

Bear in mind too that temporary accommodation may be a single room in a B&B with interesting neighbours. 

Froglet

Thanks again everyone for your thoughts and advice.No way would we evict her,if she ended up homeless  even if it wasn't strictly true in the sense of the word,the council and the benefits people will know she is about to get a decent amount of inheritance that she can use to rent for several years.

Bear in mind she has had this wretched illness for 20 years.I have seen her lay in bed,helpless to do very much and incapable of even washing and dressing herself.She has had 2 relapses as bad as this,one lasted for nearly a year.When just well enough to manage day to.day stuff she and my Mum were able to look after each other,through good times and bad.

.But in late 2020 Mum became ill,with falls,infections and other problems.She was 90 and for the next year went slowly downhill ,ending up in a  care home and finally lost her struggle for life last September.My sister did her best to look after her,as did I,but because my sister's hip operation kept getting delayed,she was really struggling,and in a lot of pain.We had carers in for Mum, but it became too serious for her to live at home any longer.

This illness has taken everything from her.She had a home,a job and her independence ( she never married ) Now she has lost her Mum and is going to lose her home of 20 years for something smaller and obviously much more expensive.She has no choice but to wait until something even remotely suitable comes up.Yes it would be nice to.finally sort out the last stage of dealing with Mum's death,selling the bungalow,but I can wait,I don't need the money as such,and I do hope my other sister feels the same if it's a long term thing,though I'm not sure she really appreciates how difficult it is to get somewhere locally,as she lives quite a way away.But we'll get there.

Sea_Shell

Here's a left field idea, if your other sibling would also be willing...but it depends on your NEED for your inheritances, in cash.

Both do a Deed of Variation to sign the house over to your resident sibling, and she then leaves it back to you both in her will, OR you place a first charge on the house (as if you were her mortgage lender) so when/if it does ever sell, you have first dibs on the sale money?   

OK, you don't get your inheritance.....but if she is unable, or unwilling (physically, mentally or financially) to move, then you're not going to get it any time soon anyway!!



Like I said, radical idea, and it may not work for other reasons, that I'm sure someone will point out!  

Froglet

Sea_Shell said:

Here's a left field idea, if your other sibling would also be willing...but it depends on your NEED for your inheritances, in cash.

Both do a Deed of Variation to sign the house over to your resident sibling, and she then leaves it back to you both in her will, OR you place a first charge on the house (as if you were her mortgage lender) so when/if it does ever sell, you have first dibs on the sale money?   

OK, you don't get your inheritance.....but if she is unable, or unwilling (physically, mentally or financially) to move, then you're not going to get it any time soon anyway!!



Like I said, radical idea, and it may not work for other reasons, that I'm sure someone will point out!  

Thank you.It's certainly worth looking into.Not sure my other sister would be quite as relaxed about it,but until some more time passes and it looks increasingly likely that it is going to be more difficult to find somewhere,it's not something I want to talk to them about yet.

I am very  grateful to everyone for taking their time to reply.Some good advice to take on board.

Mojisola

Sea_Shell said:

Here's a left field idea, if your other sibling would also be willing...but it depends on your NEED for your inheritances, in cash.

Both do a Deed of Variation to sign the house over to your resident sibling, and she then leaves it back to you both in her will, OR you place a first charge on the house (as if you were her mortgage lender) so when/if it does ever sell, you have first dibs on the sale money? 

Will she be able to keep the current home repaired and maintained on benefits/pension?

Froglet

Mojisola said:

Sea_Shell said:

Here's a left field idea, if your other sibling would also be willing...but it depends on your NEED for your inheritances, in cash.

Both do a Deed of Variation to sign the house over to your resident sibling, and she then leaves it back to you both in her will, OR you place a first charge on the house (as if you were her mortgage lender) so when/if it does ever sell, you have first dibs on the sale money? 

Will she be able to keep the current home repaired and maintained on benefits/pension?

Yes,that will be a major factor to take into consideration.Up to now,the main expenses to keep the property in good order,and things like house insurance,have come from a.fund I kept aside for such things,shortly before Mum died.All the funeral expenses and so forth have been paid from it,and after paying for the headstone this week we only have about £300 left.

However,as executor I divided up the money from the  closed bank.account,and she still has hers to take,which,once she starts getting her  pension,and her benefits cease,she can have,and use accordingly ( over £5000)

lincroft1710

Sea_Shell said:

Here's a left field idea, if your other sibling would also be willing...but it depends on your NEED for your inheritances, in cash.

Both do a Deed of Variation to sign the house over to your resident sibling, and she then leaves it back to you both in her will, OR you place a first charge on the house (as if you were her mortgage lender) so when/if it does ever sell, you have first dibs on the sale money?   

OK, you don't get your inheritance.....but if she is unable, or unwilling (physically, mentally or financially) to move, then you're not going to get it any time soon anyway!!



Like I said, radical idea, and it may not work for other reasons, that I'm sure someone will point out!  

Is there not a problem with this in that it could affect any benefits may be getting/entitled to. Or if sister needs to go into care, house could be sold and the charge thereon could be treated as "deprivation of assets". Proper legal advice clearly needed if this is to be contemplated