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Inheritance & esa

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5 years 7 months ago #217042 by leapoffaith
Inheritance & esa was created by leapoffaith
Hello..
I have 2 questions please
1. This is very difficult for me because i cannot bear the the thought of losing my mum but i must ask.. My mum is leaving her house 2/3 to my sister & 1/3 to me.. This is because my sister has always lived at home.. The house is worth approx 90,000.. We would not wish to sell it.. Would we be forced to sell it for me to have my share & therefore would i lose my esa?
2. I presently live 100 miles away.. Would i be forced to move in with my sister who may not want me to? More importantly she is a care worker earning between 100 to 180.00 per week.. if i did move in with her would i lose my esa & would she be expected to pay for me? I know she loves me but she would not be willing to do this.. Also she lives in a full UC area..
I would no longer need to claim housing benefit but i presently live alone & my friend is my carer.. I receive esa & pip.. My mom is getting older & recently had mini strokes.. I am terrified of losing her & also very worried on top that we might then be forced to sell the house my sizter has always lived in.. &/or that my sister might be expected to support me financially.. She cares about me but we are not close & i left home forty years ago.. I would like to stay where i am but do not know if i will have the choice if my mom goes before me.. I want to seperate my feelings about my mom from what might happen to me because they are making me grieve & worry too early & be ashamed & have nightmares.. I hope you may know the answers for me..
best wishes to you all..

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5 years 6 months ago #217043 by Gordon
Replied by Gordon on topic Inheritance & esa
feelingdesperate

For completeness, your ESA is not affected by any of this at the moment.

1. If you are receiving Income Related ESA either in part or on whole then the value of your portion of the house is likely to be counted against your ESA(IR) and as your portion would be over the £16,000 limit it would stop payment of any ESA(IR).

You can argue that the value is not realisable as your sister is living in the property, the DWP may accept this and your ESA would remain in payment but they may not, their Decision would be appealable but it could take a long time for your appeal to be heard.

The DWP do have the power to seek a Court Order for the house to be sold and the profits divided between you and your sister, I can't say how likely it is that they would do this.

2. If you moved in with your sister then she will not be counted as part of your household and would not affect your ESA, however, if you receive the Severe Disability Premium because of your PIP award and the fact that you live alone, then you would lose this.

My advice would be to get face to face advice when you actually need to deal with the issue as the law that applies may have changed by the time you need to deal with the inheritance.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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