Left The House In My Late Mum's Will But My Sisters Refuse To Sell It-HELP!
Comments
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Wow, long thread. In reference to the Benefits & Inheritance (which Betty & I have been discussing in relation to a different matter) the OP will not own the house, and have to inform the DWP/Local Authority until the estate is distributed, and at that point her benefits will stop.
The reason the OP had to insist on selling the house and not allowing her sister to continue to live there indefinitely is that capital in a property that you do not live in is counted for benefits purposes. So if the OP allowed her sister to continue to live there, then the OPs income related benefits would stop and she would have nothing to live on, but her DLA, and nowhere to live as her Housing Benefit would stop.
If the estate were to be distributed with the house unsold, but shared between the three sisters, then the DWP would be able to disregard the capital in the property for 26 weeks only if the property were in the process of being sold.
The OP would not be able to give her sister her share of the house, either as a gift, or by a deed of variation, as the OP would then be considered to have deprived herself of capital & the DWP would class her has having the full amount that she had gifted/varied to her sister.
In conclusion, the OP by "insisting" on the sale has done the only thing that she can. While I feel for "Sister A" who is currently living in the property, there is nothing else that the OP could do, without losing the means to eat and live.0 -
This is incorrect. Buying a house to live in is not Deprivation of Capital.missbiggles1 wrote: »A long time poster on here was in a very similar situation to the OP and she was told very definitely that, if she used her inheritance to buy a property (which is what I think you're suggesting), this would be considered to be deprivation of capital, even though it meant that she'd never need to claim HB again.
Sometimes the common sense approach isn't acceptable within the system.
I receive Income Related Benefits, and used an inheritance to buy a house for myself to live in. Both the DWP and Local Authority were fully informed of my intentions before the purchase, and Decision Makers from both organisations were very happy for me to use my inheritance to purchase a property in which I live, without it being classed as Deprivation of Capital.
If anyone is ever in this situation, they need to write to the DWP/Local Authority in advance, and get a decision in writing about whether purchasing a property would be DoC.
There is a lot of misinformation about this on the Internet, the only person who can make a decision in any specific DoC case is the DWP/LA decision maker. And so far as they are concerned in my case (and others that I am aware of) Buying a house in which you intend to live is not DoC.0 -
In the situation you mention the DWP would stop all income related benefits to the person owning £114K of capital in a house that they do not live in.The benefits agencies might see part-owning a house not your main residence and not claiming rent as deliberate deprivation of assets.
Would you find it comfortable part-owning a house where the occupant will not speak to you? Where you might share landlord responsibility for gas safety certification but the occupant will not let you in? This is a serious family rift, not an exercise in paper-ownership.
If your capital including capital in a property you own but do not live in is over £16K all income related benefits immediately. Capital over £6K reduces income related benefits.0 -
Hi, you have been given some excellent advice on this thread. Largely to sit back and let the executors (your sisters) and the solicitors do their thing.Oh. I didn't know that.
I thought that once you find the house you want to buy. You pay the mortgage yourself out of your wages, per month to the estate agent who sold you the house. The same way you pay rent to a private landlord or letting agent.
I didn't know that mortgage mean't the bank lending you money the same as with a bank loan.
Thanks for explaining that that.
If I was going to buy a place I would rather pay all the money upfront as my mother did.
I see no point in getting a mortgage as you might as well be paying rent.
But I would not get a mortgage anyway because I am not working.
And they don't give mortgages to people on benefits. Even after I get my money from the house I still won't get one as you still have to be working and I cannot work.
So the only way I could buy a place is if I payed for it upfront without a mortgage. But I don't think 114k is enough money to do that.
A one bedroom flat even in the North of England would cost at least 60k and that would eat up most of my inheritance.
So after I get my money from the house I can either stay in my Housing Association flat and pay my £149 a week rent which is £545 a month
Or move though my HA home swap scheme which is difficult, but if I can get a swap with another HA the rent might be cheaper.
Or rent a private flat with a private landlord but the inheritance won't be enough to buy a flat. Not unless I want to use up all my capital but then I will be back on benefits again.
I am glad to hear that your sisters are starting to execute their duties as executors & begin the process of selling the property & winding up the estate. Please be patient, this will take ages, it always does.
Please only contact your solicitor sparingly, as every contact will cost you more money.
Once the estate has been wound up & the assets distributed there is another possible option for what to do with your share of the money.
I understand you have mental health problems, and are on benefits, and don't think property ownership is for you, but I am in a very similar position to you, and was able to purchase a Shared Ownership property with a Housing Association who deal exclusively with people with disabilities (Mental Health Problems, Physical Health Problems, and Learning Disabilities).
In my situation I was able to purchase outright a 55% share in a 2 bedroom flat from the open market very close to where I had previously been living. The Housing Association own the other 45% of my flat, and I pay them rent every month, this is paid for directly by Housing Benefit. The rent also includes all of the structural maintenance of the property including the gas and electrics, and kitchen & bathroom.
The Housing Association was originally designed to assist people with learning disabilities, so the process of purchasing a property was very simple.
You would need to write to the DWP and Local Authority in advance to ask them to make a decision about Deprivation of Capital and whether if you buy a house to live in they would continue to pay you benefits. But this is very straightforward, and both should agree that you would be allowed to use the money to purchase a property to live in.
If this is something that would appeal to you, I could give you the contact details for the housing association and you could discuss with them if this would be a possible solution for you.
Anyway, I thought you should know there is another option.0 -
Wow, great advice.GirlFromMars wrote: »Wow, long thread.0 -
I understand you have mental health problems, and are on benefits, and don't think property ownership is for you, but I am in a very similar position to you, and was able to purchase a Shared Ownership property with a Housing Association who deal exclusively with people with disabilities (Mental Health Problems, Physical Health Problems, and Learning Disabilities).
In my situation I was able to purchase outright a 55% share in a 2 bedroom flat from the open market very close to where I had previously been living. The Housing Association own the other 45% of my flat, and I pay them rent every month, this is paid for directly by Housing Benefit. The rent also includes all of the structural maintenance of the property including the gas and electrics, and kitchen & bathroom.
The Housing Association was originally designed to assist people with learning disabilities, so the process of purchasing a property was very simple.
You would need to write to the DWP and Local Authority in advance to ask them to make a decision about Deprivation of Capital and whether if you buy a house to live in they would continue to pay you benefits. But this is very straightforward, and both should agree that you would be allowed to use the money to purchase a property to live in.
Yes I am in a HA flat but it not sheltered or supported accommodation or anything like that. I have a one bedroom HA flat with an assured tenancy for life.
And I have heard that both Council and HA tenants do have the right to buy their flat but I think it depends on the Council or HA you are with.
But unfortunately the money I will get from my mum's house when sold(114k) won't be enough for me to buy a flat. And as you know I won't be able to get a mortgage either because I am not working.
Which is a shame as think I would be better off in a bought flat as at least then I would be my own boss.
But even if I could buy my HA, I wouldn't.
Because my flat is a new build in a block and although I would own my flat, the HA would still own the building and communal areas freehold. So if anything went wrong with for example the communal lighting or the water pump that pumps in our water supply to our flats, I would still have to go to my HA for repairs and wait for them to fix it. And I would still be subject to my HA rules such as we cannot even put up our own satellite dish, or TV Arial,we have to use the communal one.
That's why it's not worth buying my flat off my HA.I would be better off buying a private flat or maisonette with my own front door that leads out into the street. Or at least one where I would own my own communal area as well.
Not a flat in a block where you still have a lot of restrictions.
I know people who have bought flats in a block where they only own the flat but the landlord owns the building freehold. And believe me they are not better off than renting because there are still a lot of restrictions and the freeholders often do not maintain the property.
So if you are going to buy a flat it's better to buy one with your own front door and no freeholders as I said.
But sadly because I will only inherit a third of the money from the house that won't be enough for me to buy a flat,only rent.Which is a shame for me as I want to leave my HA as they are not all that great. Plus the rent I will have to pay my HA will be the full rent of £604 per calendar month. And I am not happy about that at all. Since their service is not all that great.
The rent with my HA is higher than with most HA because it's a new build property.
So my plan is to leave the HA and rent a private flat up north from a private landlord or letting agency when I get my inheritance of course.
As the rent in Liverpool where I want to go will only be about £80 or £90 a week for a one bedroom flat. Which is a lot less than what my HA will charge me.0 -
In some places up north you can buy a house for £60k or lessYes I am in a HA flat but it not sheltered or supported accommodation or anything like that. I have a one bedroom HA flat with an assured tenancy for life.
And I have heard that both Council and HA tenants do have the right to buy their flat but I think it depends on the Council or HA you are with.
But unfortunately the money I will get from my mum's house when sold(114k) won't be enough for me to buy a flat. And as you know I won't be able to get a mortgage either because I am not working.
Which is a shame as think I would be better off in a bought flat as at least then I would be my own boss.
But even if I could buy my HA, I wouldn't.
Because my flat is a new build in a block and although I would own my flat, the HA would still own the building and communal areas freehold. So if anything went wrong with for example the communal lighting or the water pump that pumps in our water supply to our flats, I would still have to go to my HA for repairs and wait for them to fix it. And I would still be subject to my HA rules such as we cannot even put up our own satellite dish, or TV Arial,we have to use the communal one.
That's why it's not worth buying my flat off my HA.I would be better off buying a private flat or maisonette with my own front door that leads out into the street. Or at least one where I would own my own communal area as well.
Not a flat in a block where you still have a lot of restrictions.
I know people who have bought flats in a block where they only own the flat but the landlord owns the building freehold. And believe me they are not better off than renting because there are still a lot of restrictions and the freeholders often do not maintain the property.
So if you are going to buy a flat it's better to buy one with your own front door and no freeholders as I said.
But sadly because I will only inherit a third of the money from the house that won't be enough for me to buy a flat,only rent.Which is a shame for me as I want to leave my HA as they are not all that great. Plus the rent I will have to pay my HA will be the full rent of £604 per calendar month. And I am not happy about that at all. Since their service is not all that great.
The rent with my HA is higher than with most HA because it's a new build property.
So my plan is to leave the HA and rent a private flat up north from a private landlord or letting agency when I get my inheritance of course.
As the rent in Liverpool where I want to go will only be about £80 or £90 a week for a one bedroom flat. Which is a lot less than what my HA will charge me.:T:T :beer: :beer::beer::beer: to the lil one
:beer::beer::beer:0 -
It is not easy to get a court to force a sale when an individual has lived in a property for many years and the individual is a beneficiary the same as you. Why should your wishes be more important than theirs? Your best bet is just to sit tight and leave your sisters to take their time otherwise all your inheritance will go on legal fees.0
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The OP is entitled to the inheritance just as much as other beneficiaries. What seem to be happening is that at least one other beneficiary expects to be treat preferentially to the detriment of the OP. Why do you think that is fair? AIUI the resident was at liberty to make an application because she was financially dependent but did not do so. It may sound harsh but all the beneficiaries are entitled to be treated fairly. The court is likely to order the sale.bouncydog1 wrote: »It is not easy to get a court to force a sale when an individual has lived in a property for many years and the individual is a beneficiary the same as you. Why should your wishes be more important than theirs? Your best bet is just to sit tight and leave your sisters to take their time otherwise all your inheritance will go on legal fees.0 -
The court may order the sale - but the other person will have to pay substantial legal fees to get things to that stage with no guarantee that the court will order the sale. My response is based on legal advice received when faced with a very similar situation. Matters were resolved in the end but it took c2 years.0
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