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inheritance and benefits
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wilkko73
Posts: 125 Forumite

I'm an executor of mum's will as I have just lost my mum after looking after her for many years,it was only her funeral on Tuesday just gone.the bank has released her funds to me as it was below the probate amount in the account.Although probate does need to be done a solicitor is assisting with the forms to apply for probate but not doing the full thing.I'm the person that will be paying the estates debts.
I'm now really worried after that money has been transferred into my account as it's not supposed to be touched until probate has been granted and I have very little money of my own so need to run the house with big council tax bills approaching.
Have I now made it hard to get any benefits to survive as that money has touched my account it's only been in the there since the 12th and I think I should try and put it in an executor account,but I'm wondering just the fact that it has touched my account is that going to upset the dwp and cause problems with getting help with council tax or job seekers allowance or sickness benefit etc?
I feel really trapped and don't know which way to turn,after all I have been through as a carer I feel the next year is going to be awful for me with all of this hanging over me.
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Comments
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You are over thinking this. You are having to apply for probate because you are inheriting your mother’s house, this does not mean you can’t touch the money that has been released by the bank. From your other threads it is clear that you are the sole beneficiary so once you have paid funeral costs and any debts, the remaining money is yours and you can make use of it now you.
Executors can make interim payments to beneficiaries prior to obtaining probate, they just need to make sure priority payments are made first, which in this case it is funeral costs, and unsecured debt.0 -
Thank you I've just read so much online saying you can't do anything with the money until until the grant has been given,I just need to get council tax paid and eat ! I suppose I'm worried about the DWP coming along later and saying money is owed from the estate as they do get involved later but as far as I can see they may only need one payment of attendance allowance or something like that as mum didn't claim pension credit or anything like that0
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Have you applied for the single person occupancy discount for your council tax?0
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You have two options, as Keep_pedalling states as executor make a interim payment, but you don't have to do that.
The second option is wait, the money from your mum's account isn't yours it's part of your mum's estate. With the estate's money you would be classes as the legal owner of the money not the beneficial owner, so that money wouldn't affect any benefits that you are entitled too.
Let's Be Careful Out There1
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