On Benefits but now executors to estate

[tinaanddillon]

I hope this is the right place to find answers to our questions.

 

My partner is on DLA and I am on working tax credits (self employed working 36 hours a week). My partners mother died November 2014 and left everything to my partner and his brother. It is mainly the house (with alot of equity taken off). My partner is the executor and when the house is sold the eventual proceeds will be split between him and his brother.

 

Sounds great, but, we are in the middle of the long process of the changes with the benefits regarding my partners ESA and DLA. And I have just received the form to renew my working tax credits. What are we supposed to declare, when are we supposed to declare it............. we are so stuck for money at the moment as my partners ESA stopped last June and he has, only last week, received an appointment for an assessment.

 

We have been surviving on about £200 a week (most of that is DLA for my partner), with £250 a month mortgage to pay. I am so frightened of doing the wrong thing and messing up all the paperwork, it is such a minefield with every question ending 'you may be done for fraud' or 'owe money'.

 

I would appreciate any advice please or any suggestions of who we can go to for help with the forms etc.

T

Edited May 16, 2015 by honeybee13
Paras.

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear about your loss. We're going through something similar at the moment.

 

I don't claim to be an expert, but my take on this is that at the moment the money isn't yours or half yours yet. Until probate is granted and any debts paid off, then I would say that the money belongs to your MiL's estate.

 

I would imagine that you don't need to declare the money until it actually belongs to you/your OH.

 

Other caggers will no doubt be along to comment and I'll also flag your thread for the site team in case they can add something.

 

In the meantime, if any money arrives for your MiL, I would suggest that your OH opens an executors' account to receive the money on behalf of the estate until probate is granted.. We had a thread on this forum recently where the person might have avoided problems if they hadn't paid the money into an account in their own name.

 

When my OH needed to do this, he could have had an account with the bank used by the deceased or his own or my bank.

 

My best, HB

[tinaanddillon]

Hello Honeybee

Thank you for the quick response.

Probate has been granted and the house has, just last week, been sold. Obviously it will be a few weeks before any monies will be paid to my partner and brother. In the meantime I am more worried about our benefits and re assessments, and how to deal with them. Will opening an executors account help in anyway? The solicitor has dealt with everything so far, but he is dealing with everything regarding the estate, we are having to deal with everything else. Not a nice position to be in especially when you are having to deal with social as well as trying to grieve.

Thanks again

T

[honeybee13]

Hello Honeybee

Thank you for the quick response.

Probate has been granted and the house has, just last week, been sold. Obviously it will be a few weeks before any monies will be paid to my partner and brother. In the meantime I am more worried about our benefits and re assessments, and how to deal with them. Will opening an executors account help in anyway? The solicitor has dealt with everything so far, but he is dealing with everything regarding the estate, we are having to deal with everything else. Not a nice position to be in especially when you are having to deal with social as well as trying to grieve.

Thanks again

T

 

You're welcome.

 

As things are imminent, I think you may need more advice than I can give on the benefits claims aspect. Have you talked to someone like the CAB? They have welfare rights advisers.

 

Are you able to tell us how much money is involved please? I would have thought that once your receive a lump sum you may be expected to live on that for a while.

 

Have you looked on a benfits calculator like entitledto?

 

HB

[tinaanddillon]

When everything, including equities and loans are paid my partner and brother should recieve around £30 thousand pounds each. Well over the 16 thousand disregarded on benefits for savings. We were hoping to pay the remaining 10 thousand pounds owed on our mortgage and a few other debts. But we have no idea how that would impact on everything else i.e DLA and tax credits. I really hate all of this, my partner can't work because of disability, I had to go self employed because I am 61 years old and there is no other work around here, we are trying so hard to stay out of debt and keep a mortgage going. We fill in all the forms for the social, being as honest as we can, but still get really stressed about it all.

Yes, I think we will have to try and get an appointment at the CAB or similar, but I have found that being armed with good relevant questions does help so much more than relying only on the advice they can give.

Thanks Honeybee, just knowing that someone is out there does help so much.

T

[Nystagmite]

DLA won't be affected; as this is paid purely on the basis on care and /or mobility needs.

Edited May 16, 2015 by Nystagmite
wrong info

[id6052]

are you currently receiving any assistance with council tax? if so, this could be affected by the capital, though the impact will depend upon your local council's scheme

 

 

dla is not affected by capital

 

esac is not affected by capital - i assume your partner is trying to claim esac, because he would not be entitled to esair due to your working

 

wtc is not normally affected by capital - though if interest from capital is more than £300 you would need to declare it as income, it does not disqualify you from wtc - the first £300 of interest is ignored, anything above that is treated as income and added to your other household income - unlikely to affect you based upon the amount you expect to receive