• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

probate distribution help

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: probate distribution help

    Originally posted by betty1234 View Post
    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.

    Comment


    • #17
      Re: probate distribution help

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

      Comment


      • #18
        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).

        Comment


        • #19
          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.

          Comment


          • #20
            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.

            Comment


            • #21
              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.

              Comment


              • #22
                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?

                Comment


                • #23
                  Re: probate distribution help

                  Originally posted by betty1234 View Post
                  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...) ??
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #24
                    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.

                    Comment


                    • #25
                      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

                      Comment


                      • #26
                        Re: probate distribution help

                        This attachment might be worth a read :noidea:
                        Attached Files
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #27
                          Re: probate distribution help

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

                          Comment


                          • #28
                            Re: probate distribution help

                            Originally posted by betty1234 View Post
                            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??
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

                            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

                            Specialist advice can be sought via our sister site JustBeagle

                            Comment


                            • #29
                              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.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X