benefits and probate help

[betty1234]

Hi i' m a newbie here so i hope the i stick to rules ok. My brother is on means tested benefits for disability. My parents have recently died intestate and the property divided between 4 equal parts. However my sister has never left property for 60 yrs living with my parents, she is still in it now. So now we have the situation of 4 names on probate, and no names on deeds. The house is not sold, my sister does not pay rent and cant afford to leave. Does this mean the benefit office with view my brother as having income because he has share of property albiet on paper, or does this only come about when his name is on deeds and we sell house. Sorry if bit long but very stressful time all round.

[des8]

Re: benefits and probate help

I believe the position is as follows:
The beneficiaries only become owners of the property when the personal representatives distribute it.
The PRs do not have beneficial ownership. They can only act in the interest of the estate.
Your brother would not have ownership of the capital until it was distributed by the PRs.
His means tested benefits (mentioned in an earlier thread) would therefore not be affected until he received his share of the estate.
To ensure there was no doubt about the position perhaps he could renounce his PR status and allow the house to be sold by the remaining PRs, and let them deal with the distribution of the assets.

[betty1234]

Re: benefits and probate help

Thank you so much Des8, i was not sure if i could ask you this post in the other probate section as it was benefit related, or i would have tagged it on my first post. You have put my mind at rest in this awful situation, many thanks for prompt reply too.