My ex husband died and left our two sons his house. It has no mortgage so all the equity in it is theirs. Unfortunately it is in a town miles away and in a very bad state. It needs a lot of work and ex paid over the odds for it anyway. My disabled adult son gets universal credit and enhanced PIP but once the house goes through probate I am led to believe his benefit of UC will stop even tho the house is not going to give him an income and he is too disabled to live in it and he will still need to pay council tax and bills for this house as it will b classed a second home. He doesn’t even want this house. Neither of my sons have the ability, time or finances to do the work the house needs to sell it and my ex has left no financial provision for work on the property or anything else for that matter. It’s a hoarder house and will cost a fortune just to get all the rubbish out. He made his solicitor the executor and did not have a funeral plan so we have to pay the solicitor between 3 -5k to be executor and pay for his funeral. I am tearing my hair out. We live in a rented house and I am the sole tenant with them living with me. I am my sons carer and live on that and ESA. I cannot see a way forward that won’t leave my son with no money and I wish ex had never left them the house. He has, as per, caused more problems then it solves. Does anyone know a way round this ? TIA
hi @Ruth_1611 , sorry to hear about this. I think you need to speak to someone who sells houses or citzen advice. for fruther advice. I think you could have the house refused to take it and let it got to auction but you need to speak to someone who knows the housing market.
Thank you Michael_1910123. I am going to see what the solicitor says once the Easter break is over.
I believe, the sons can choose not to accept their inheritance.
Wills can be changed after death, but you need to act quickly!
Your son needs a solicitor of your own/son. Do not delay!
Hw could use the money from a sale of this house to buy one that was suitable, but again, a solicitor is needed who understands community care law.
The best way to deal with a hoarder house is to call in a house clearance service once no valuables are left or important paperwork. Some charity shops may offer this service.
Alternatinpvely, hire some skips. I was on Christian name terms with the skip driver after doing mum’s house!
Yes, you can vary the will if the main beneficiaries agree. The whole house could go to the other brother by agreement. We did this, my brother and I inherited from my other brother and the tax consequences would have been terrible. We had two years to do it in.
Yes, a Will CAN be changed with the Consent of the Beneficiaries. I did a quick check when writing one of my books - sorry not plugging that! - not many people realise that and just go along with things as a fait-acomplis .
Also, if you don’t want to clear it out - and after checking for anything of real value - a house can be sold at auction with a clause that anything remaining after sale is the property and responsibility of the purchaser. This is what the couple along our lane did (well their daughter) and the poor guy who bought it hadn’t realised he had to clear out all their rubbish! It took him abut two months on his own - but then he recycled and sorted everything as he cleared each room. Rather him than me!
My opinion would be that if they don’t want the house, and given the state you say it is in, it’d be better at auction cos once the hammer comes down the sale is done - no waiting around to see if someone get a mortgage or decides to back out after stringing them along. The fees for auctioneer are higher, but you know it’s sold without all the hassle.
Hello, Ruth. Houses in need of a lot of attention are often bought by small building firms, who renovate the house and sell, making a profit. An estate agent may elicit an offer from such a firm if there is no interest from regular buyers, and can also put you in touch with an auction if you jointly decide that this is the way to go. Get in touch with a conveyancing solicitor now, and follow any advice that they may offer. You are not going to get a fortune from a house in bad condition but the proceeds of sale should rightly be divided equally between the brothers.
If the disabled son inherits directly he will have to pay for ALL his care until it goes below the threshold for subsidised care, about £16,000.
However, if the will is changed to a discretionary trust this can be avoided, but they must act quickly!