probate distribution help

[Openlaw15]

Re: probate distribution help

Thankyou so much openlaw, im sorry if its so drawn out but it just seems to be a nightmare situation. Thankyou for your advice i will put that to the lawyer dealing with land registry. As you have probably gathered i dont understand the laws of probate and its very difficult when you are putting somebody else situation forward, but you have put my mind at ease yet again, much app i dont know where i would of been with this site for advice.

Of course Betty, I understand, and you're very welcome.

[betty1234]

Re: probate distribution help

Thankyou Openlaw. I will post the outcome in the furture.

[betty1234]

Re: probate distribution help

Good morning all, i'm back again with another question i hope someone can help with. My sister is now looking to see if she has any rights to stay in property (as above post), how does she do this and do you think she would have any rights of stay if lived in property 63 years with parents?. Many thanks(again).

[des8]

Re: probate distribution help

There seems to e a undercurrent here.
Does one or more of the beneficiaries want the house sold so they can access their share, whilst your sister I assume wants to continue living there.

[betty1234]

Re: probate distribution help

To be honest des8 none of us want her to have to leave, its been her home after all for 63yrs, we are all just trying to find a way for her to stay and to keep the rest of us all legal in the way it affects each one of us, nobody wants a forced sale.

[des8]

Re: probate distribution help

Well I can't see any reason why the house should not be transferred to your joint ownership as per OL's post 14.
Your sister can continue to live there, if you are all in agreement.
Your brother will have to declare his interest to DWP, but this should be disregarded when calculating his benefits.
Your sister has reached the qualifying age for State Pension Credit so as per H2048 & H2049 the disregard is indefinite.
Obviously if he should receive rent from your sister the net amount (after property mantenance expenses etc) will be taken into account when calculating his benefits.

[betty1234]

Re: probate distribution help

Thankyou des8 for your time. My sister obv wants to stay, and although non of us are in position ourselves to help buy her out we as a family would not wish her to leave if she didnt have to. The problem is my brother as in above post. I have taken him to dwp to explain situation and my understanding is his benefits will only be disregared for 26 weeks if property is up for sale, because although my sister is 63 her retirement age has just been made to 66yrs by goverment. So as states in asessing income dwp she is not in there eyes... lcw or pc age. So in effect my brother has beneficial share that he is doing nothing about selling?

[Kati]

Re: probate distribution help

Thankyou des8 for your time. My sister obv wants to stay, and although non of us are in position ourselves to help buy her out we as a family would not wish her to leave if she didnt have to. The problem is my brother as in above post. I have taken him to dwp to explain situation and my understanding is his benefits will only be disregared for 26 weeks if property is up for sale, because although my sister is 63 her retirement age has just been made to 66yrs by goverment. So as states in asessing income dwp she is not in there eyes... lcw or pc age. So in effect my brother has beneficial share that he is doing nothing about selling?

can I just ask?? What benefits is your brother actually getting (ESA, DLA, PIP etc...) ??

[betty1234]

Re: probate distribution help

Hi Kati, my brother is Schizophrenic and has been on dla indefinate awardfor years(prob awaiting pip transfer) also means tested income supp and hb/ct.

[des8]

Re: probate distribution help

May I suggest you check retirement age here :https://www.gov.uk/state-pension-age
This government site dated 8/03/2016 is saying 63!


Regarding the sale as tenants in common:
your brother will only have a 25% share, and if he wants (is forced by DWP) to sell he would need a court order.
Most unlikely, given the circumstances that he would be successful.
DWP will (should) realise this and so, as your brother can't in practice sell, the disregard should continue indefinitely.

Hoping OL will confirm my layman's understanding about property ownership

[Kati]

Re: probate distribution help

This attachment might be worth a read :noidea:

[betty1234]

Re: probate distribution help

Sorry Kati but i cant seem to open any link to file you just sent.

[Kati]

Re: probate distribution help

Sorry Kati but i cant seem to open any link to file you just sent.

it's a pdf (but opens OK for me) :noidea: ... I could email it to you from my LB account if you PM me your email address??

[betty1234]

Re: probate distribution help

My sister has i believe had letter from dwp regarding pension age being increased. I will check again with her. I think maybe i need to take my brother back to dwp or ring them and review situation. Can i just say a big thankyou to everyone who has taken time to try to advise me in this rather long thread ive created. Honestly without this site i would of been lost. Thankyou.