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UC benefits and inheritance

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Comments

  • Thankyou everybody for the advice. It is really helpful and appreciated. I think the power of attorney thing is something I will look into. I will be having ongoing conversations with DWP throughout the process. 
  • elsien
    elsien Posts: 36,465 Forumite
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    edited 29 December 2023 at 2:52PM
    As long as you’re aware that the DWP can’t talk to you without his specific consent. And he needs to decide how much information he wishes to be shared with them.
    I appreciate that he has his difficulties but it’s important not to disempower him in your keenness to get things right for him. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Newcad
    Newcad Posts: 1,874 Forumite
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    edited 29 December 2023 at 3:18PM
    Thank you for the clarification . That is a fair point on the role of the executor. I will take the purchase of the flat under advisement. I suppose this is the main reason why I posted here.
    I'm not so sure that it is beyond the remit of an executor to help the sitting resident move out.
    The excecutors job is to settle the estate, and maximise any proceeds, to do that in this case they have to sell the property and divide the proceeds.
    As the current resident can't afford to buy it themselves then it will have to be sold to a 3rd party, and selling a property with a resident in place will not be easy and will attract a much lower selling price.
    It would seem better to find some way for the current resident to move out before sale*, (or at least as a condition of the sale).
    So while it's not usually the executors remit to rehome the sitting resident, it may be the expedient course to allow the executor to fulfil their remit.
    *On a practical note:
    Is it an option here if the current resident can move in temporarily with one of the other siblings, until the property can be sold and a flat then purchased for him?
    Or could he rent elsewhere for a while? UC would/should pay Housing Element at the LHA rate towards that rent.
    As stated above once the property is sold then the monies from the sale can be disregarded in UC for six months while a flat is bought to become his new home. (or for longer if 'reasonable').


  • kaMelo
    kaMelo Posts: 2,888 Forumite
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    Newcad said:
    Thank you for the clarification . That is a fair point on the role of the executor. I will take the purchase of the flat under advisement. I suppose this is the main reason why I posted here.
    I'm not so sure that it is beyond the remit of an executor to help the sitting resident move out.
    The excecutors job is to settle the estate, and maximise any proceeds, to do that in this case they have to sell the property and divide the proceeds.
    As the current resident can't afford to buy it themselves then it will have to be sold to a 3rd party, and selling a property with a resident in place will not be easy and will attract a much lower selling price.
    It would seem better to find some way for the current resident to move out before sale*, (or at least as a condition of the sale).
    So while it's not usually the executors remit to rehome the sitting resident, it may be the expedient course to allow the executor to fulfil their remit.
    *On a practical note:
    Is it an option here if the current resident can move in temporarily with one of the other siblings, until the property can be sold and a flat then purchased for him?
    Or could he rent elsewhere for a while? UC would/should pay Housing Element at the LHA rate towards that rent.
    As stated above once the property is sold then the monies from the sale can be disregarded in UC for six months while a flat is bought to become his new home. (or for longer if 'reasonable').


    That's not correct, the current resident is an partial owner not a tenant. Once the sale of the property is complete any right to reside there ceases as it's no longer their property.

    As to whether it's possible to achieve what they want to do I don't know, as property is involved I would expect probate is required as a minimum but it's beyond my knowledge, hence why I suggested posting on the deaths, funerals and probate board where far more knowledgeable people may be able to advise on the situation.

    I suspect however the safest option is probably your last point about moving either in with another relative of finding a short term rental.

  • HillStreetBlues
    HillStreetBlues Posts: 6,263 Forumite
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    edited 29 December 2023 at 5:37PM
    kaMelo said:
    Newcad said:
    Thank you for the clarification . That is a fair point on the role of the executor. I will take the purchase of the flat under advisement. I suppose this is the main reason why I posted here.
    I'm not so sure that it is beyond the remit of an executor to help the sitting resident move out.
    The excecutors job is to settle the estate, and maximise any proceeds, to do that in this case they have to sell the property and divide the proceeds.
    As the current resident can't afford to buy it themselves then it will have to be sold to a 3rd party, and selling a property with a resident in place will not be easy and will attract a much lower selling price.
    It would seem better to find some way for the current resident to move out before sale*, (or at least as a condition of the sale).
    So while it's not usually the executors remit to rehome the sitting resident, it may be the expedient course to allow the executor to fulfil their remit.
    *On a practical note:
    Is it an option here if the current resident can move in temporarily with one of the other siblings, until the property can be sold and a flat then purchased for him?
    Or could he rent elsewhere for a while? UC would/should pay Housing Element at the LHA rate towards that rent.
    As stated above once the property is sold then the monies from the sale can be disregarded in UC for six months while a flat is bought to become his new home. (or for longer if 'reasonable').


    That's not correct, the current resident is an partial owner not a tenant. Once the sale of the property is complete any right to reside there ceases as it's no longer their property.

    As to whether it's possible to achieve what they want to do I don't know, as property is involved I would expect probate is required as a minimum but it's beyond my knowledge, hence why I suggested posting on the deaths, funerals and probate board where far more knowledgeable people may be able to advise on the situation.

    I suspect however the safest option is probably your last point about moving either in with another relative of finding a short term rental.

    If the person is a co-owner then it would take a court order to force the sale, and the costs involved in that.
    I feel Newcad is pointing to the right direction in getting that person to move voluntary, as this would clearly reap the most monies from the estate. So if sorting out another property and the person is in agreement then I see nothing wrong with that.


    On a separate note the OP has come across as a person who wants to do the best both morally & legally and that's always a pleasure to see.
     
    Let's Be Careful Out There
  • kaMelo
    kaMelo Posts: 2,888 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    kaMelo said:
    Newcad said:
    Thank you for the clarification . That is a fair point on the role of the executor. I will take the purchase of the flat under advisement. I suppose this is the main reason why I posted here.
    I'm not so sure that it is beyond the remit of an executor to help the sitting resident move out.
    The excecutors job is to settle the estate, and maximise any proceeds, to do that in this case they have to sell the property and divide the proceeds.
    As the current resident can't afford to buy it themselves then it will have to be sold to a 3rd party, and selling a property with a resident in place will not be easy and will attract a much lower selling price.
    It would seem better to find some way for the current resident to move out before sale*, (or at least as a condition of the sale).
    So while it's not usually the executors remit to rehome the sitting resident, it may be the expedient course to allow the executor to fulfil their remit.
    *On a practical note:
    Is it an option here if the current resident can move in temporarily with one of the other siblings, until the property can be sold and a flat then purchased for him?
    Or could he rent elsewhere for a while? UC would/should pay Housing Element at the LHA rate towards that rent.
    As stated above once the property is sold then the monies from the sale can be disregarded in UC for six months while a flat is bought to become his new home. (or for longer if 'reasonable').


    That's not correct, the current resident is an partial owner not a tenant. Once the sale of the property is complete any right to reside there ceases as it's no longer their property.

    As to whether it's possible to achieve what they want to do I don't know, as property is involved I would expect probate is required as a minimum but it's beyond my knowledge, hence why I suggested posting on the deaths, funerals and probate board where far more knowledgeable people may be able to advise on the situation.

    I suspect however the safest option is probably your last point about moving either in with another relative of finding a short term rental.

    If the person is a co-owner then it would take a court order to force the sale, and the costs involved in that.

     
    If they were a reluctant seller then that is correct, indeed there is a long thread about such a scenario, where siblings cannot agree on a way forward.
    https://forums.moneysavingexpert.com/discussion/6232470/possible-dispute-over-jointly-inherited-house/p1

    However the OP states;
    . However I need to sell the house first as this is the wish of the beneficiaries. As mentioned I am hoping to purchase the flat for the beneficiary currently living there at the same time then dividing any remainder money accordingly. All beneficiaries agree with this course of action. 
    .So a court ordered sale is not relevant in this case.

    .HillStreetBlues said:
     I feel Newcad is pointing to the right direction in getting that person to move voluntary, as this would clearly reap the most monies from the estate. So if sorting out another property and the person is in agreement then see nothing wrong with that

    On a separate note the OP has come across as a person who wants to do the best both morally & legally and that's always a pleasure to see.

    I agree on both points.
     





  • kaMelo said:

    However the OP states;
    . However I need to sell the house first as this is the wish of the beneficiaries. As mentioned I am hoping to purchase the flat for the beneficiary currently living there at the same time then dividing any remainder money accordingly. All beneficiaries agree with this course of action. 
    .So a court ordered sale is not relevant in this case.

    It could depend, if the agreement was part of finding a new property for him to live in. This would make sense, a person happy to sell as long as not homeless.

    I expect it hasn't played out like that, but just using it was an example of how it can be in the OP's remit as executor to find a property.
    Let's Be Careful Out There
  • Newcad
    Newcad Posts: 1,874 Forumite
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    edited 30 December 2023 at 11:27AM
    kaMelo said:
    Newcad said:
    Thank you for the clarification . That is a fair point on the role of the executor. I will take the purchase of the flat under advisement. I suppose this is the main reason why I posted here.
    I'm not so sure that it is beyond the remit of an executor to help the sitting resident move out.
    The excecutors job is to settle the estate, and maximise any proceeds, to do that in this case they have to sell the property and divide the proceeds.
    As the current resident can't afford to buy it themselves then it will have to be sold to a 3rd party, and selling a property with a resident in place will not be easy and will attract a much lower selling price.
    It would seem better to find some way for the current resident to move out before sale*, (or at least as a condition of the sale).
    So while it's not usually the executors remit to rehome the sitting resident, it may be the expedient course to allow the executor to fulfil their remit.
    *On a practical note:
    Is it an option here if the current resident can move in temporarily with one of the other siblings, until the property can be sold and a flat then purchased for him?
    Or could he rent elsewhere for a while? UC would/should pay Housing Element at the LHA rate towards that rent.
    As stated above once the property is sold then the monies from the sale can be disregarded in UC for six months while a flat is bought to become his new home. (or for longer if 'reasonable').


    That's not correct, the current resident is an partial owner not a tenant. Once the sale of the property is complete any right to reside there ceases as it's no longer their property.

    As to whether it's possible to achieve what they want to do I don't know, as property is involved I would expect probate is required as a minimum but it's beyond my knowledge, hence why I suggested posting on the deaths, funerals and probate board where far more knowledgeable people may be able to advise on the situation.

    I suspect however the safest option is probably your last point about moving either in with another relative of finding a short term rental.

    If you would care to read my post again you will see that nowhere did I refer to the current resident as a 'tenant'.
    The advice and comments that I gave would not be applicable if they were a tenant.
    An in place tenant would be a totally different situation altogether, involving either a S21 or S8 eviction process it they could not be persuaded to move out voluntarily, and I would have given different advice if that had been the case.

  • Thank you everybody for the assistance , I appreciate all the views and input. I will update here with how it all of goes in case it helps anybody else . 
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