Inheritance

shazer2000
shazer2000 Online Community Member Posts: 3 Listener

hi everyone

I’m desperate for advise please

I am on esa support group and housing benefit along with pip enhanced rate
I lost both my parents who died within 4 days of each

My daughter rang dwp approx 2 wks after my parents died and asked if we needed to declare my inheritance

She was told that there was nothing to declare because I hadn’t received anything yet and to get in touch once probate was done

The will says inheritance is to be shared between me and my brother equally but on the will it also states that the son should be able to remain living at the property for as long as he so wishes so it’s not being sold

It also has mine and my brothers name as executives. I knew nothing about this and was never told by my parents that they changed the will
The original will that we knew about and thought was the only will was actually the first will because at the time they did the will I was married, it left my brother all the property and I was left the car caravan and what little money was in the bank at that time. it was a big joke with my brother who used to say I have a house and u have a car and caravan which both were actually scraped just after lockdown.

I didn’t want the house anyway he was. welcome to it. the house needs knocking down and rebuilding all the joist need replacing, a builder advised my parents yrs ago that they needed doing along with the rest of the houses on there row which have all be done, it was an ex council house but they never had it done so could come down at anytime. the roof hasn’t been done since the house was built many many yrs ago, it needed a full re wire which my brother had to get done because the electrics had been condemned. it’s also full of damp. You can see the black all down the outside wall as your coming down the rd and his clothes smell of damp when he visit

My mum was always bleaching the wall paper around the windows and a wall in her little bedroom

I always promised my mum that my brother would be ok and I would move in with him once there time came, but it’s impossible for me to live there, I have very severe emphysema and 3 yrs ago I was very poorly with respiratory failure and pneumonia then I got Covid, I have deteriorated so much since then, plus my brother suffers with severe anxiety to which also makes it very difficult for him

I’ve had copd for awhile and got very breathless but now I’m lucky if I can walk to my kitchen which is about 10 feet from my lounge where I now have to live because I can’t climb stairs and also have severe osteoporosis and had terrible spine fractures. I have a commode in my lounge because I can’t make it to the bathroom which is only down my hall on ground level

I suffer with my mental health and have other health issues to including having had a couple of stroke strokes leaving me with cognitive problems and balance

I had to stop the mental health medication I was on after the stroke because now I’m on morphine for my breathing and pain to im more unsteady on my feet

The anxiety and depression is now something I just have to put up with, the medication didn’t really help much anyway apart from make feel sick and dizzy

Anyway my worry now

Mentally and physically I cant deal with all the probate and sorting out the finances. I had spoken to a couple of firms regarding probate but my brother suffers with severe anxiety to so I know he’s struggling to mentally trying to get his head around it

Also paying for a firm was to much money hecsays he can’t afford to do probate because he didn’t have an income which he didn’t, he just had a little money put aside from when he took his pension out a few yrs ago but has recently in feb retired but on a basic pension

After speaking to the probable firm over 3 yrs ago they suggested because Im not able or capable of dealing with probate I could give up my executive right by filling out a PA15 renounce from the government site which I did and gave my brother the documents

I haven’t received anything yet but time is going by fast

Should I be worried because I feel it’s now going on for to long and probate needs to done

Will I have to pay back the benefits iv had since my parents died it will be 4 yrs this yr

Now I took my name of being executive my brother will have to deal with it somehow

I haven’t received anything yet the house and money still belong to my parents

I also have carers coming in 4 times a days so all my pip and more takes a massive sum out of what I get, I barley have enough to live on
I’m not sure what to do because of the length of time it’s taking

What if my brother keeps refusing to do probate where does that leave me

Any advise please

Tagged:

Comments

  • Kimi87
    Kimi87 Online Community Member Posts: 4,854 Championing

    I think you would benefit from speaking to a solicitor to advise you of your rights.

    Many offer a free 30 minute consultation.

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/

  • shazer2000
    shazer2000 Online Community Member Posts: 3 Listener

    hi

    Thank you for your reply

    Why do I need a solicitor if I’m not doing probate

  • Kimi87
    Kimi87 Online Community Member Posts: 4,854 Championing

    You asked where does it leave you if your brother refuses to do probate.

    I recommended a solicitor to advise you on this question and your rights with regards to receiving your inheritance.

  • Slonvinton
    Slonvinton Online Community Member Posts: 45 Contributor

    which type of esa are youon contribution based or income based?