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

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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.

As they were married with no will she would get at least 50% of his estate if he had legal children.

If you pop over to Reddit go to the DWP section and ask them
the mods work for DWP so they will be able to answer you properly and they are really helpful

You may be able to get it exempt

my sister was in a similar position and because my dad lived in the house and it was under a lifetime interest trust and he was over pension age / disabled / Got attendance allowance it was exempt

Just wabted to add a link to the governments "Bereavement Support Payment" information in case you're not aware of this entitlement and it is helpful.

www.gov.uk/bereavement-support-payment

UC applies up until the money is in your bank. Until then it is hearsay. (Just been through this) once the money is through you tell them and they stop payments.

You need to see a lawyer. The house will have to be sold so that you each get your share.

Your late husband had a 1/4 share in his late mother's house. Through that probate, his share should have been recorded with Land Registry. Following his death, that share will pass to you. Do you know the value? You can find out through a probate search of his late mother's estate as it will be a matter of public record.

Your options would seem limited. The other owners will either need to buy you out or the brother occupying the house should be paying you a 1/4 share of monthly market rental. You have an asset, albeit currently unrealisable, that should be declared. I would recommend you take advice.

If her late husband inherited the property the chances are his share would have passed to OP. She can't just ignore this.

Have no legal expertise - I just wanted to share a big hug. So sorry you’re going through this. Saying you’ve got a lot on is a huge understatement.

Please talk to friends IRL - when you said no one knows what you’re going through that made me feel awful - your friends should know and should be able to support you.

I hope all the medical investigations go well. Hopefully people who have said you don’t have to declare until money is is your bank are right but definitely get this confirmed. Also so sorry SIL reply was so short - I guess everyone is grieving a sudden shocking loss but you may have to be careful re how you approach this with them. If the house is ever sold, you would be entitled to some of that money. Even if you don’t feel like you deserve it - it could come on useful for you and your boys.

Don’t ignore it, that’s bad advice. It could lead to repayment, fines or even legal. You need proper advice on this, it may be that it can be disregarded but it may not and you need to know the situation,

This

I'm assuming that your late husband left his investments/pensions/property/income such as rent....to you, OP

Therefore yes, anything that is yours in regards to finance should be declared to DWP and HMRC

It’s possible the brothers could buy you out, or the brother in the house pay you a small rent. Have you spoken to them about the difficulties you are in?

They may be able to manage to pay a quarter of the value of the house, between them.

Whilst the property remains as part of your late husbands estate it doesn’t belong to you it still belongs to him until you apply for letters of administration it will remain a notional asset of his estate. You will need to apply for Letters of Administration for his Estate eventually to deal with the transfer of his share to yourself but given your circumstances I would refrain from doing that at present.

you need legal advice it depends on your late husbands mother's will if she left it equally to all 4 it depends on the terms a will might say it woud pass to a deceased son's children, or it might say the disabled child has the right to live there but ultimately the house belongs to all 4 ( a bit like leaving your share of your house to your children but only after your spouse has passed on)

as your MIL it appears died before your DH he would be have got a share, but if the will says specifically the other brother can live there then a sale can't be forced so you have no asset to declare it would only be an asset if the disabled brother also died so many different permutations of what may or may not be the case

you need to order up a copy of your MIL's will as to see how things stand as all advuise is useless until exact phrasing of her will is known.

it's complicated so see CAB first

You would just need to declare it when you inherit it. Obviously that could take a while. If when you do inherit it, if that share is over 16k then your UC would stop.

I’m really sorry you’re in this position and sorry for your loss. I can’t help comparing this thread to the thread where the woman hadn’t declared her half of the family home after a divorce as the husband was still living in it. I think UC was now being recalled as she hadn’t disclosed the asset. So please be careful and seek legal advice. If necessary, he will have to buy you out of your quarter so you can declare it.

You must get proper advice on this situation OP, don’t rely on Mumsnet members who don’t even know the full details . You need to explain how your husbands estate was wound up, for a start, and the value of his share of the house . So sorry for your loss.

You don't have your husband's share of the value of the house (which hasn't even been liquidated yet) in your bank account so how can it affect your UC claim? Surely that would only change if and when you get any money.

I'm really sorry things are so tough right now for you OP, you've had a terrible few months. Have you had proper bereavement counselling? My friend does this voluntarily alongside her regular paid therapy work. Maybe something similar is available in your area. I send a hug.

^ With regards to benefits this is correct. It’s also very complicated by the sounds of it if the bil is sick and elderly and refusing to move/the family will fight a claim. As a fraud manager I’d not proceed and UC would use discretion - it would get absolutely nowhere on appeal. Tell the truth but include as much detail as possible as you have here about how you feel, the stress, and your illness.

It is possible to relinquish your share of the property if that’s what you decide to do, I imagine it would be a complicated legal battle to obtain your share- I’ve no idea.

I’m very sorry for your loss.

I’m sorry for your loss. If it helps my polish cleaner inherited a part share of a house in Poland which she declared to uc who said as someone was living in it, it did not affect her claim. In fact she got more uc.

Until the estate is settled and the house share transferred to you it’s not legally yours and there is no need to declare it.
Second homes that are owned for use of family members don’t always affect UC. Once the legal aspect is sorted then declare it and make sure it’s clear no income comes from it.

The first thing to do is get hold of a copy of your MILs will plus a copy of the land registry deeds of her house. The Will should show how her house has been passed down to her sons. It could be that your BIL was given the right to remain in the house until he dies then the house split between the other brothers, but you need a solicitor to interpret this information.
If it turns out that your DH did in fact own a share of the house, and died without a will, then it forms part of his estate and you likely now own that share. In fact, if your DHs debtors have been told your DH died without a will no money that’s incorrect and his share of the house should be used to pay towards his debts.
This is very messy and as I’ve said you need to speak to a solicitor as a matter of urgency. Currently though, until your DHs estate goes through probate you don’t technically own anything.

Because your DH passed away without a will, his estate (including his share in the house) passes under the rules of intestacy. As his wife, you are the main heir to his estate. So legally, you now own his share of the house.

If you have a financial interest in a property, UC usually counts that as capital. However if you can’t easily sell or access the money tied up in it (for example, because it’s jointly owned, another brother lives there, and there’s no agreement to sell), it’s not straightforward “available capital.”

In many cases like this, DWP treats it as a disregarded asset (not counted against you) because it can’t be realised.

Becuase you didn’t know about the inheritance at the time you claimed, you weren’t hiding anything. UC is based on what you knew and had access to. Since you had no control over or even knowledge of this asset, you weren’t being dishonest.

When you do tell DWP, explain exactly what you said in your OP, you’ve only just realised you now legally inherit your husband’s share, you don’t live there, you have no income from it, and it can’t easily be sold because it’s jointly owned e.g

“I’ve recently realised that I may have inherited my late husband’s share in his mother’s house. It is jointly owned by his brothers, one of whom lives there. I have no access to the property, no income from it, and cannot sell my share. Please advise how this should be treated.”

UC is unlikely to stop or ask for repayment unless you had actual capital you could use and didn’t declare it. Here, you haven’t – and DWP knows joint inherited property is complicated.

Your could slso Contact Citizens Advice (CAB) or a welfare rights advisor – they deal with UC and inheritance issues all the time.

I am so sorry, OP, that you are having such a spectacularly sh** time of it. You must be absolutely reeling. It is extraordinary how life can just change completely.
Please do seek legal advice on this. I am sorry to potentially add to your problems but I am concerned that you say that he left no assets and, on that basis, the bank has written off his business debts. He does have assets - a quarter share in a house. Was that declared to the bank?
I hope you get good news on your tests soon and at least that worry will go away.

You need legal advice because if the deeds of the property haven’t been changed, then Legally I don’t believe you own it yet. Even if you will in the future. It would all need to go through probate, which it doesn’t sound like that’s happened yet. Again, just speaking from experience - please do get legal advice.