Living in a house that is under probate still?

Senmumof1

Slightly complicated situation.

My daughter is autistic and in her 20s and still lives at home with me. I am her registered carer. It is likely she will live independently with outside support in the future but at present she does not want to live alone. She currently receives advanced daily living PIP and only works part time a few hours a week in a supported work placement.

All bills are in my name.

I am the executor of a will of my Mum that leaves me as part beneficiary to belongings but leaves a property to my autistic daughter. My Mum did this so that my daughter never has to worry about having somewhere to live.

The plan is that initially I would move into the property with until such time she can or wants to live independently. Can we both move into this house during probate rather than having to pay rent for the property I rent now?

What happens to whose name is on the council tax during probate?Because she is inheriting the actual property would bills have to be in her name or could they be in mine until she can or wants to live independently?

p00hsticks

Once the property is occupied then you will need to start paying council tax (currently , assuming that the property is empty, there is an exemption until six months after probate is granted).

I don't believe it would matter whose name the bills are in if you are both living there - it might be beneficial to get them in joint names to potentially make it easier if and when you move out. .

Keep_pedalling

There is nothing stopping you moving in before probate has been obtained, but has already been said you and your daughter are going o be responsible for CT as soon as you move in.

MayDogsandCoffee

By moving in you also mitigate against the risk of squatters, vandals, theft, accidental issues (burst pipes), so it would be better to move in to maintain the property.

lincroft1710

You say you currently rent a property, is this from a private or social landlord? If the former, you will need to give notice appropriate to the conditions of the tenancy. If the latter, then giving up the tenancy means you have little chance of easily getting back into social housing.

Although, given the circumstances, it is very unlikely to happen, you will be a "permitted occupier" at your daughter's house and have virtually no rights if she tells you to leave

Savvy_Sue

WRT Council Tax, would your DD be considered to have a Severe Mental Impairment? Will she be able to live alone, manage bills etc, or will she always need support?

You may already be aware of and claiming these provisions.

And now would be the time to ensure your own will makes sensible provision for her, and plan what needs to happen to ensure the future she wants is attainable.

Keep_pedalling

Is the property really suitable for her long term needs? Are you living in private or social rented property?

The alternative here are to sell the property and buy something modern, low maintenance and suitable for her long term needs, or sell the property invest the money and stay put for the time being until your daughter is ready to move on. How would you cope financially if your daughter decided to live alone or in assisted living accommodation and you had to find you own place to live.

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81937445#Comment_81937445

I would suspect ( but do not know for sure), that as there seems to be a possibility that she could live independently at some point, and that she works a few hours a week, then the council may dispute any SMI diagnosis, even if the GP states that.

Still could be worth trying.

Senmumof1

Thanks everyone for your replies.

Currently in private let. If I was in social housing I would be looking at this differently for that reason.

I am currently paying all bills so if she decided to live independently and I needed to move out it would be no different financially. Although there is a letter with the will that states residence should not be removed from myself without my agreement but it is not witnessed so would have no legal holding.

The property to be inherited is more modern and more suitable for her needs than the one we currently rent tbh. Occupational therapy are involved and saying that if and when she moved in to call them and they can provide more equipment that we just don't have space for now.

I have looked at SMI and I am unsure if we would qualify. It seems council dependent. I know some areas with people with less needs that her who get it but others who don't so I am unsure. At the moment it is just in my name.