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Original poster

Do I declare my late husband’s share of his late mum’s house to Universal Credit

49 replies

YungbludArmy · 01/10/2025 22:17

My late husband inherited his mum’s house along with his 3 brothers.

One of the brothers lives there. He’s in his late 60s and quite poorly. To my knowledge does not pay rent to his other brothers. Their Mum left her house so that her sons could benefit from it as it should be.

I was made unexpectedly redundant this year, then my husband died, and now I’m having investigations for a pre-cancerous ovarian cyst. So I have a lot going on, as well as supporting my kids who witnessed the trauma of his death.

When I made my claim for Universal Credit for myself and two teenagers, it didn’t cross my mind to mention his mum’s house being part of his estate. I didn’t even know until now it’s part of his estate.

He left no Will, no pension, savings, property, life insurance, nothing. Just business debts of around £16k which his bank has now dismissed as we had no joint-named finances.

I’m now scared my UC claim is going to be negated, or to be repaid, because I never mentioned the house.

I’ve asked his brothers advice about this by WhatsApp, but only my sister in law replied, saying something like, ‘his mum left the house to them so they could use it’. It made me feel like she thought I was trying to take the house off them, which I’m not, I didn’t even know I’d inherited his share of that asset. I love his brothers and the sister in law. They are all lovely and we all get along fine never any issues.

What do I do? Please does anyone have advice. I’m living each day just barely wanting to live anymore my grief for my husband is so overwhelming, and the thought I could now lose my income and consequently the rented roof over mine and my children’s heads because I never thought about the house is torturing me.

I’m under such stress with everything right now. I just can’t get a consistent answer from Google about this. Please, can anyone advise? If I told UC about his mum’s house they might just stop my payment and I won’t be able to pay the rent !

5 months ago we were a happy family with two incomes and a future. Today I’m an emotional wreck and nobody that knows me realises, and me and the kids could end up homeless because of this.

Im scared of speaking to his family about this because I remember the brother who now lives in his mum’s house, he was married once, and he was always saying his ex wife could make a claim on the house (they are estranged) and causing my husband a lot of stress about this (my husband took the brunt of everyone’s problems).

What should I do? Thankyou anyone who can take a moment out of their day to reply I would be so grateful for any views. I just want to stick my head in the sand and pretend to Universal Credit I didn’t realise which isn’t pretending even, I really didn’t think about it.

I don’t want any share of the house, it’s not mine, it belongs to the brothers, just because I married one doesn’t mean I earnt any rights to it.

OP posts:
OnlyFrench · 01/10/2025 22:25

I’m so sorry that you’re going through this, but you really need legal advice on this. My DH died shortly after his mother and he’d left everything to me in his will so I received his share of her house. You can’t just ignore this.

Nonametonight · 01/10/2025 22:25

I think this is going to be a situation where you need to get legal advice about whether you've inherited a share of the house or not.

In principle, it seems likely you might have done.

If so, yes, you need to declare that to universal credit.

If your husband's brother is disabled or pension age then the property will probably be disregarded

Otherwise, you would be expected to try to force a sale. The value of the property will be disregarded while you try to sell.

I'm sorry you're in this position

I dont suppose there's any chance the house value is low enough that your share is worth less than £16k?

PrizedPickledPopcorn · 01/10/2025 22:27

You might need to put this in legal, for more qualified answers.
Are you in the UK?

Roughly guessing from my layman’s knowledge… his share of the house goes to you. You could possibly do a deed of variation for it to go directly to the dc, because it’s not your inheritance to give away.

That could still be deprivation of assets though, so you need proper advice.

CountryQueen · 01/10/2025 22:36

Do not make any decisions regarding “it belongs to the brothers” when you’re in this early stage of grief.

Do you really think if you were to hand over your share they’d look after your children before their own? The SILs reply is cold considering what you’re going through.

That is your children’s potential inheritance. They have lost their dad. I’m not saying to sling the brothers out but do not give away your share of that property

HS20000 · 01/10/2025 22:39

I've had a look round for you and the best advice I can see is here - https://forum.scope.org.uk/discussion/95169/esa-inherited-part-share-in-a-property. I would speak to a Citizens advice bureau or similar and then declare it with supporting information on how it can't be sold and also how any stopping of benefits during reassessment would hugely impact you and your kids during this bereavement. Best to declare it otherwise it's a bigger mess later and the fear of it hanging kver you might be worse, probably - but best to get free professional advice. Sending best wishes to you during this incredibly difficult time.

ESA & inherited part share in a property

HiMy brother and I have inherited from my mum's will, her half share of her house (Tennant's in common) and our step farther still lives in the house.

https://forum.scope.org.uk/discussion/95169/esa-inherited-part-share-in-a-property.

Screamingabdabz · 01/10/2025 22:40

I would see a solicitor and let them do all the necessary investigations. Be prepared for his family to get arsey. They already sound obstructive but if that’s your inheritance you’re entitled to it.

Happygolucky314 · 01/10/2025 22:44

You surely won’t need to mention a thing. You don’t own the property you’re not renting the property. You’ve got no evidence that you have a share. So just leave it at that until a later date. It’s not like you’re benefiting or paying for it so just leave it be

Autumngirl5 · 01/10/2025 22:45

I don’t know what the legal situation is but I’m sure your husband would have wanted his share of the inheritance to go to you and the children? I’m so sorry for your very sad loss and hope it all works out okay for you. Sending a hug x

FancyCatSlave · 01/10/2025 22:46

What does the mum’s will actually say about how the house was left to them? You need a copy of that first all. If the brother living there has a life interest for example then it can’t be sold and the asset can’t be realised.

You definitely need a solicitor to look at it all for you.

Sorry you have this on your plate as well as your bereavement.

SparklyCardigan · 01/10/2025 22:53

If the brother is still living in the house, and your DH didn't have a will, then you're not ever going to get any share of the house, surely?

FeatheryFlorence · 01/10/2025 22:54

Wouldn’t your husband’s share of the house pass directly to his children rather than you?

CountryQueen · 01/10/2025 22:54

SparklyCardigan · 01/10/2025 22:53

If the brother is still living in the house, and your DH didn't have a will, then you're not ever going to get any share of the house, surely?

Depends on how the house was left

Original poster
YungbludArmy · 01/10/2025 22:58

Nonametonight · 01/10/2025 22:25

I think this is going to be a situation where you need to get legal advice about whether you've inherited a share of the house or not.

In principle, it seems likely you might have done.

If so, yes, you need to declare that to universal credit.

If your husband's brother is disabled or pension age then the property will probably be disregarded

Otherwise, you would be expected to try to force a sale. The value of the property will be disregarded while you try to sell.

I'm sorry you're in this position

I dont suppose there's any chance the house value is low enough that your share is worth less than £16k?

Thankyou for replying. His brother that lives in the house is retired. He isn’t classed disabled but he’s had several heart bypass has a pacemaker and can barely walk. I don’t want to do anything that might mean he’d have to move. Their mum wanted them to have the house for this very reason. Although the other two brothers have properties of their own.

No, it wouldn’t be below £16k

OP posts:
Runningismyhappyplace50 · 01/10/2025 23:01

I think you need legal advice. Wouldn’t any inheritance go to your children so it shouldn’t impact your UC claim (possibly?).

Original poster
YungbludArmy · 01/10/2025 23:01

FeatheryFlorence · 01/10/2025 22:54

Wouldn’t your husband’s share of the house pass directly to his children rather than you?

He has no biological children.

Although he’s raised our children since the youngest was a baby near enough (I fled a DV relationship with my newborn and toddler and met my late husband a year later).

OP posts:
SugarandSpiceandAllThingsNaice · 01/10/2025 23:02

I’m sorry for your loss. You sound very overwhelmed, do not make any hasty decisions, do not sign anything giving up your inheritance from your husband.

I don’t want any share of the house, it’s not mine, it belongs to the brothers, just because I married one doesn’t mean I earnt any rights to it.

You would have automatically inherited his share as his wife even though he had no will. Don’t give that up because, even if you have no need for it, your children might one day. It is also what your DH would have wanted for you. He would not want you & the kids to suffer any more than you are already.

I’d argue you do have a need for it with your DH having passed away and now trying to cope with grief, ill health and loss of income.

I would get advice. You can probably get some free advice from Citizens Advice. If your BIL has a right to live in it until he dies, then I don’t think it would count as capital for UC until he dies as it is not an asset you can access. It might fall under excluded capital. I don’t know but I think the benefits advisors there would know.

Original poster
YungbludArmy · 01/10/2025 23:02

Happygolucky314 · 01/10/2025 22:44

You surely won’t need to mention a thing. You don’t own the property you’re not renting the property. You’ve got no evidence that you have a share. So just leave it at that until a later date. It’s not like you’re benefiting or paying for it so just leave it be

That’s exactly my thinking. I have no interest in the property. But I’ve been advised it needs to be declared to Universal Credit else I am defrauding my claim.

OP posts:
SugarandSpiceandAllThingsNaice · 01/10/2025 23:05

Screamingabdabz · 01/10/2025 22:40

I would see a solicitor and let them do all the necessary investigations. Be prepared for his family to get arsey. They already sound obstructive but if that’s your inheritance you’re entitled to it.

Agree 100%

And OP- no one ever earns an inheritance. Don’t feel like this is something that must be earned. Inheritance is a gift 💝

happinessischocolate · 01/10/2025 23:09

When I inherited a part share of my parents house my UC wasn’t affected until the property was sold and the money was in my bank account. This took 13 months - and I didn’t mention it until I cancelled my UC claim so don’t worry about it causing problems with your rent up till now.

But you will need to find out the conditions of the inheritance and speak to UC at some point.

LemondrizzleShark · 01/10/2025 23:12

OP I don’t know how long ago your MIL died, or whether probate has been granted for your DH’s estate.

If the house has been passed onto your DH, his name should have been on the deeds (with his brothers). When probate is granted on his estate, your name will be put on the deeds in his place. Up until that happens, you really don’t own a share of the house so your conscience should be clear.

If your name is already on the deeds, then yes you will need to declare it but it may be disregarded as your BIL lives in it. So get legal advice.

ThreePears · 01/10/2025 23:12

If your late DH didn't have a will, then intestacy rules will apply to his estate. That differs depending on which country you live in - the rules for England and Scotland are different, for instance, but in England I think you as his widow (as he had no natural children) would inherit his entire estate.

Whatwouldnanado · 01/10/2025 23:15

So sorry for your loss. Get legal advice as soon as you can. You may have to register your vested interest in the property. Do you have a Will of your own? If not take advice.

User1839474 · 01/10/2025 23:19

YungbludArmy · 01/10/2025 22:58

Thankyou for replying. His brother that lives in the house is retired. He isn’t classed disabled but he’s had several heart bypass has a pacemaker and can barely walk. I don’t want to do anything that might mean he’d have to move. Their mum wanted them to have the house for this very reason. Although the other two brothers have properties of their own.

No, it wouldn’t be below £16k

Show quote history

If he can barely walk then he is definitely classed as disabled. I agree with other that you need to get legal advice. At the moment you don’t own anything though as probate hasn’t gone through yet. So don’t panic there’s time to sort if all out.

Lougle · 01/10/2025 23:23

Clause H2048 of the ADM Chapter H2 (Housing) says that if the property that is inherited is occupied by a close relative and they have either Limited Capability for Work, or have reached pensionable age, then the property is disregard. Unfortunately, bother in law is not listed as close relative.

You need to declare it and hope that the decision maker uses their discretion to apply a disregard.

DancingCactusFlower · 01/10/2025 23:31

So sorry for your loss, it must be so hard for you all. In the first instance, I suggest talking to your local Citizens Advice Bureau - if they don't know the answers they will signpost you to the right places.