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Could you contact MacMillan Cancer Support. I know they offer financial advice. Otherwise visit your local citizens advice office and speak to them about your financial future.
Be careful transferring household bills into your name if there’s a debt. When she passes and there’s no money to pay them from her estate I believe they get written off. You don’t take on the debts after her death.
Firstly. You can do this. It's a learning curve. Secondly, speak to the council about your situation, if they say they can't help speak to Shelter.
Do a credit check for yourself. Unfortunately with your mum's debts you need to double check you aren't listed on any of them. Controlling parents have a habit of opening debts in adult kids names.
You will need to phone each provider in turn and notify them when she passes. Then open your own account.
Gas and electric (may be seperate)
Water
Council tax
Broadband
Mobile phone
Tv licence
You will also need to notify anyone paying benefits to your Mum.
Ask her for access to her email account if she is concious as then you will be able to get account details for all the providers. Which will make life easier. Or for her mobile pass/pin and remove any biometric (fingerprint or face recognition).
You will get through this x
Surely the most pressing problem is that OP as it stands has no right to live in the house, will not be named on the lease (not that some utility companies see to follow any procedures), and is in danger os assuming her mother's debts?
Basically they won't switch off the water and power until someone tells them there's been a change.
OP's first order of business is to work on her housing situation.
If it comes to it - and in fact it has to come to this, no-one has any money - the Council will see to OP's mother's final disposition.
NAL - but in regard to the tenancy succession issue, although there has been a statutory succession some councils also have a discretionary succession policy that may allow you either to remain in the property or be moved to other suitable accommodation. It's best to seacrh their website for this as the criteria will vary from Council to Council.
If the council repossess the property when your mum passes, they’ll be immediately making a mother and baby homeless on SMP that makes no sense. Make sure they know that.
Certainly where I am they're much more likely to ask the OP to bid on properties with a view to moving than they are to allow OP to take over the tenancy.
At least they try to get them to bid on properties before they move out but I do hear such sad stories about bidding that you end up never getting anything.
She'll probably be put in a b&b temporarily as she has a baby, so unlikely to be made homeless, although it will be an extremely difficult time, so I hope the council gives her a grace period before moving her out
Not true at all. Lots of parents with children are evicted and made homeless. Otherwise having a child would be like a loophole to get infinite free housing as even people in rent arrears couldn't be evicted.
100% this, the place im in now was originally a joint tennacy signed in 97 for my parents. When my father passed in 2004 it was succeeded soley by my mother. I had moved back for the past decade to care for her and the housing association used discretionary powers to grant me my own tennacy so i avoided the private market when she passed last year.
As well as Macmillen you can see if there is a local hospice. They often provide hospice at home and will also provide you will support now and in the future.
This is a very sad situation for you, and you have all my sympathies. When situations like this face us, they can seem bewildering.
Remember, your mother’s debts are not yours. You may have to administer them when she passes, but you — as an individual — will not be liable for them (unless, as someone else has mentioned) you are formally jointly liable. A debt can’t be transferred to you, and if someone tries to tell you otherwise, they’re wrong.
Some sound advice given about Macmillan and Citizens’ Advice. Use their services, they know what to do and how to help. Similarly with the council, call them (in advance about your housing options) explain your situation. The council will also be crucial when the time comes to require death certificates, sorting council tax etc.
Utility providers, insurance companies and banks, in my experience, are very helpful when an account holder dies. Call their bereavement services. They’ll help stop further payments and set up new accounts for you if necessary, arrange access to any funds in bank accounts, repayments to the estate etc.
I wish you, your baby and your mam the very best as you go through this difficult time, and that you’ll be able to be strong for all of you.
"Call their bereavement services" - very good advice indeed. Company's normal customer helplines are as you'd expect, but if you can get through to their bereavement team, you'll have a much better experience. The staff on those lines are generally very good, helpful, and nice.
Your mum may have done you a favour by not having your name on any billing account she has liability over. If she was struggling to pay and fell behind and then died if your name was already on them then you would be liable.
Make sure they set up new accounts in your name and do not allow them to pass any outstanding balance on to you. Do not even hint at you taking on the debt or making a payment yourself on in. Simply say that once she dies you will be managing her estate.
Try to get access to her emails before she dies so you at least have the account numbers and can find all the suppliers.
After she passes her debts pass with her if they are only in her name.
I've had two family members pass away recently, and also had no idea what I was doing at first. But I was surprised how things like credit card debt just disappear with a phone call to the Bereavement Team (magic words). Debts do not pass down through families in the UK; they get paid using money from the estate. If someone dies without leaving any money, or the money runs out, the debts get written off. That's just how the system works.
Please don't add yourself to your Mum's accounts, as this may make you jointly responsible for her debt. With utility bills, if (hopefully when) you get tenancy, you can set up new accounts as a new tenant.
What you can do now is help your Mum set up a Third Party Mandate with her bank and card companies. This is quick and easy to set up with one form (far quicker than a Power of Attorney), and allows you to operate the accounts on your Mum's behalf - for example, to make sure household bills are paid on time. I think utility companies have something similar.
The government have a great website called "what to do when someone dies" which has info on covering funeral costs, who to contact, etc. It's really good to read in advance, if you feel up to it: [https://www.gov.uk/when-someone-dies](https://www.gov.uk/when-someone-dies) .
I'm sorry to hear you're going through this OP, but there's help out there. You've got this.
Phone the council while you’re with your mother. They will have dealt with this situation countless times before. There will be a process in place for situations exactly like this.
All the best.
NAL - but in regard to the tenancy succession issue, although there has been a statutory succession some councils also have a discretionary succession policy that may allow you either to remain in the property or be moved to other suitable accommodation. It's best to seacrh their website for this as the criteria will vary from Council to Council.
First of all, the debts will be written off if your mother has no money in her estate, personal debt cannot be transferred to another person.
The only exception to the above could be Council Tax as you and your mother would be jointly liable for that regardless of who pays it.
Unfortunately you will have to manually call all of the companies when your mother dies, a lot of them will require a copy of the death certificate so it’s advisable to get a few copies to save hassle later.
With regards to the house, you should speak to the council ASAP, logically the council could just let you take over the tenancy but unfortunately councils very rarely operate in a logical way. Given your situation the council would need to house you if they make you homeless but that is likely to be in temporary accommodation.
As someone else has suggested speak to MacMillan who are fantastic with advice and support and speak to Shelter for advice on housing. First priority is to speak to the council.
One other thing, when the worst does happen you’ll need to arrange a funeral. If your mother has been receiving benefits and not using them they can build up, her bank should allow you special access to funds specifically to pay for a funeral, just be careful with any benefits paid after you mother dies as these need to be repaid if spent.
OP's mother appears to be indigent, OP not much better off and facing homelessness, with no other family to help or participate, they may be better off leaving OP Mother's final arrangements to the Council, cold as it seems.
Similar situation happened to my sister. She lived with our mother, who had already inherited the tenancy. We had to fill in a lot of forms, but my sister was eventually granted a discretionary tenancy. She had to downsize to a new property but is really happy there. 🤞
Regarding the accounts & debt. If the accounts are in both names, then you are both jointly liable for all the debt. No matter when the additional name was added. So as an example, she owes £1k on her gas bill, if you get added to the gas bill as a joint account holder, then you will owe £1k.
If you are not named as a joint account holder and there is no estate to cover the debts, then the debt dies with her. You may need to provide copies of death certificates & finances.
HOWEVER you can be listed on her accounts as a nominee/point of contact. To do this usually you just call the various companies with your mum present, she gives permission then you can be added as a nominee. This means you have authority to deal with her accounts whilst she is alive on her behalf but take on no legal responsibility for the accounts.
Regardless of whether you are added on as a nominee or not, once she passes you will need to ring round and inform everyone of the death. Most large companies have a bereavement team and a simple procedure. They will be able to set up a new account (where appropriate) under your name from that date onwards. Do not take over her accounts, make it clear that her accounts needs to be separate and you need new accounts. Don’t accidentally accept responsibility for the old accounts with debt.
NAL, but do you have power of attorney set up? If she is still coherent, you could look into setting this up to allow you to speak to discuss any bills on her behalf.
You don't need to accept any of her debts, so when handling her estate be sure to write to them explaining there is no money in the estate to pay, and they should be written off. This may also apply to any household bills, so be careful when transferring to your bane that you are not taking on any debts you wouldn't have responsibility for.
In terms of the house, you could call the likes of Shelter to ask for advice.
Very sorry to hear of your situation.
Setting aside the time it will take to set up, a POA would only solve the immediate issues and not the headline issue of what happens to them once her mum dies as the tenancy cannot pass.
OP: Engage with the Council now, they are likely to be more sympathetic than you think!
Just to reiterate:
DO NOT CHANGE THE BILLS INTO YOUR NAME UNTIL YOU'VE SEEN THE BALANCES.
There would be no break in service when the old account is closed and a new one is opened, so you have nothing to fear from that respect, so if there are debts, if you're not named, you won't owe them. If you add / transfer the bills now, you'll also be transferring any outstanding debt.
Of course, if there isn't any, there's no harm in it, but don't do it unless you know the balances.
When it comes to bills, a mistake some people can make is thinking the monthly direct debit (what gets regularly paid) is what you owe, but that's not the case. Suppliers will estimate usage for a year, and then charge a proportion of that amount per month, but if you use less or more than they estimate, you can end up with a debt or credit at the end of the billing period.
Look into whether you are entitled to any benefits even if it's only until you return to work. Pages like entitledto.co.uk can give you a quick overview as to what money you are able to claim before doing the real form.
If you're just on SMP, it's likely you're missing out on Universal Credit. As the property is too big, you won't be allowed to succeed but MIGHT be deemed to be able to access a 2 bed property. Once she passes away, you can report the housing costs on UC so they're partly covered in the interim.
You have a dependent child so regardless of what happens, you won't be made homeless and will go into emergency accommodation.
The property is not too big - it is a 2-bed that they moved into from a 3-bed after their nan passed.
I wonder about the succession rules, tbh. The original 3-bed was tenanted in the nan's name and mum got it through succession. Then they (mum and OP) moved to a 2-bed, which was tenanted in mum's name - would that still be considered a succession of tenancy, or a new one? If a new one, then OP probably could claim succession, as it not a second succession on the same tenancy/property.
I can’t provide advice for the finances but plenty of people have responded on that. Do not change anything to your name until you have seen the balances as you may inherit debts.
With regards to council housing, there is 1 succession but this is dependent on the housing policy in your area. A lot of the time the council will support you with moving to a different property if you are under occupying. They will not make you homeless. (It’s not in their best interest to as homeless may get priority on the housing lists anyway and it’s also something councils are already trying to tackle) They are usually very understanding and can support you. I would try to look at the housing policy and any discretionary elements and speak to your tenancy officer.
OP, you have a child who will need their own room. Do not acknowledge in any way that you'd be under occupying. You intend for your child to have their own room once your mother passes, they'll be old enough by then.
Don't do anything until your mum passes. If you take over bills now you could potentially take on debt. If it's her bill in her name only it dies with her.
Contact the council housing department and let them know you're at imminent risk of homelessness due to your mums terminal condition. Because of the baby you'll be priority for rehoming once your mums tenancy ends (on death). You might get told to start bidding on properties now, do this as there is absolutely no guarantee that the council will let you stay in your mums house.
My advice would be to contact the housing team at your local council, but also reach out to your local councillors as they can also offer advice on this situation. If you are at risk of homelessness, depending on the nature of the tenancy, the council should offer support to avoid this.
I would also talk to the citizens advice bureau - they have a range of services and expertise so will be able to direct you to other services if they can’t help.
As a very basic overview, you should remember that you are not required to take on and pay any debts that do not already have your name against them.
The way that it works is that when her estate is wound up, any assets like savings will be distributed between her outstanding creditors first. If there are any assets left after that then they will be inherited by you or other names people, however if the estate cannot cover her outstanding debts then those debts will be written off.
The only time you would be liable would be where you were specifically named on a debt as a guarantor (which should never have happened without your permission, if it has that works have been fraudulent).
When it covers to her bills, it will be your job to call up her providers, inform them that she is deceased and closer the account. You can then open a new account in your own name and assume responsibility (either with the same provider, or a different one if you would prefer).
With regards to your housing, this can vary quite a lot council to council. I find it hard to believe any would jump straight to evicting a vulnerable tenant like a single mother and baby, and would expect them to either allow you to assume the tenancy of the existing flat, or require you to move to a new home as fitting your status when available. The only way to say for sure is to get in touch with your councils housing department and ask.
Have you lived in that property with your mum for more than 12 months? Are you in the council records as living in that property with your mum for more than 12 months?
If yes then you can request to be made a joint tenant, then the tenancy will just pass to you anyway. If they decide the property is too big for you then they will just offer you a smaller property.
When she does pass away and you register her death you can use the 'tell us once' service which will inform all government agencies about her death which makes things a bit easier. You can do it kiddo x
Don’t let the electricity providers pass her debt onto you. They will try and put it on you. If necessary just sign up with a different electricity provider to avoid them doing that.
You'll need to speak to adult social care. They will be able to help with getting her into a hospice.
We had similar with an elderly relative and his partner had to go into a dementia home until he got better.
With regards to debt you don't need to take any on personally as it should come from the estate if there is any.
If you've got a young child get onto the council and get registered for your own housing also make them aware you are staying with your Mum who is terminally Ill in a council property as they may be willing to open discussions about the tenancy and what happens when the worst happens
Debt dies with the person, so don't worry about that. It will Not be passed to you! If any of the companies try to say you need to pay laugh at them and tell them to F**k off!!
Get yourself to the council asap and get on the list, you may have to go into temp accommodation and bid for houses/flats, do you have a health visitor? GP? You could ask for help, it's better to start sorting things now instead of waiting any longer!
Nal but I am in a council property, I asked this very question as I am a single parent to two boys. I was told that someone who has lived in the property can take over the lease. They have to have spent at least 12,months in the property. (Which it sounds like you have) I also think you need some support. MacMillan are good, but are there any local hospice charities in your area? I generally find these are better with local support and guidance. Sending lots of love your way
> we had to move from a 3 bed to 2 bed when my nan died, the tenancy was passed down to my mum (a succession). This means the tenancy on this 2 bed house we are in can not be passed down to me because you are only allowed one succession
You need to call the council and clarify this.
If your Nan died and they made you move, this is not a succession tenancy. When a tenancy transfers in this way you would stay in the same property.
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There usually can't be a second succession, but Council's may exercise their discretion. However, in the immediate future, they will likely view you as a 'tolerated trespasser" and set us a mesne profits account for you to pay "rent" for the property (you can claim benefits for this).
If they decide not to grant a tenancy, they will have a duty to prevent you becoming homeless, which will mean helping you find somewhere to live that is affordable. Depending on local demand, they might just offer you the same property (which seems perverse, but wouldn't be the first time I've seen it happen).
None of this is insurmountable - I would suggest you focus on spending the time with your mum you have; nothing is going to happen immediately in terms of the house.
Contact the council housing department straight away. You can’t inherit the tenancy by your Mum passing it on but they could accept you as a new tenant . Alternatively the tenancy that your Mum inherited was the 3 bed house she then agreed to move to the smaller 2 bed so that was a new tenancy. Ask if you can be made a joint tenant straightaway so you can secure a home for you & your baby after your Mum sadly dies. Good luck
Ok speaking as someone who has done experience with some of this. Honestly you are going to need to move fast.
Contact McMillan they are great.
You can also assign your tenancy to one of your children (including step and adoptive children) or to an unmarried partner if they've lived with you continuously for the last 12 months.
Obviously speaking to council housing explain you have lived there 14 months plus, etc what ever your time, see above.
And you need adding to the tenancy as also mother's carer.
Speak to benefits helpline about terminal Ill parent and care help.
Council one move now.
Download a power of attorney UK paperwork doc off Line and both sign. Get someone who qualifies to countersign. But family.
So sorry to hear about your mum and living situation.
You should first arrange a chat with your local citizens advice bureau and see what advice they can offer.
Before you transfer all of your mum's paperwork/bills to your name, check with Money Saving Expert (https://www.moneysavingexpert.com/) to see if there's a way to wipe off some or all of her debts. As you mentioned about hoarding, if there are any unwanted items that may be of use to someone else, consider selling them on apps like ebay, Vinted, Etsy etc. You'd be surprised how much money you can make from your old junk and definitely can help with managing finances for the short term.
In terms of funeral costs and help with stress etc there are plenty of charities that can offer free confidential advice and support if needed. Also the son of a neighbour of mine created a gofundme page to help pay towards his dad's funeral as he is still studying with no additional support. Members of the community were able to provide financial support. It may be worth considering to help with costs.
First things first. Get your name added as a joint tenant now. You don't have to wait for anyone to die. This is the important bit! Get your name on that tenancy! Your mother can confirm that you are now the primary tenant, it's all good and then when she passes you don't have to worry about succession or any of that business.
then just act like a new tenant would and start new bills as if you have just moved in. Start a fresh new account with the provider as if you're not related at all to whoever was there before.
I do agency work for Councils....its very very rare they'll add another name on a tenancy. What they might do...depends on the LA discretion...it put OP on an unsecured short tenancy until they can offer them another property.
I have known Councils let people take on the tenancy even though they weren't entitled to succession.
Adding another tenant to a tenancy was stopped years ago...it is very rare that a council or a housing association will agree to it. I've only kown it happen once in my many years of doing Agency.
In the event of the tenant passing away...and there are people living in the property...Councils tend to be more open to giving the tenancy to the person living there...Housing associations tend to be more stricter.
It also depends on the property...if there is going to be 1 person left at the property and its a 3 bed...then thry would usually offer a direct let to a 1 bed. Although I once worked at a Council thst did let a man take on the tenancy of a 3 bed....but another Council I worked at...his mother died...he was in a 2 bed...he had a learning disability...and they made him move. So it depends on your LA
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Could you contact MacMillan Cancer Support. I know they offer financial advice. Otherwise visit your local citizens advice office and speak to them about your financial future.
I second contacting MacMillan. They are wonderful, very supportive and knowledgeable. They will help you with this.
Be careful transferring household bills into your name if there’s a debt. When she passes and there’s no money to pay them from her estate I believe they get written off. You don’t take on the debts after her death.
Yes, it may be better to leave them in the mother's name as long as possible.
Firstly. You can do this. It's a learning curve. Secondly, speak to the council about your situation, if they say they can't help speak to Shelter. Do a credit check for yourself. Unfortunately with your mum's debts you need to double check you aren't listed on any of them. Controlling parents have a habit of opening debts in adult kids names. You will need to phone each provider in turn and notify them when she passes. Then open your own account. Gas and electric (may be seperate) Water Council tax Broadband Mobile phone Tv licence You will also need to notify anyone paying benefits to your Mum. Ask her for access to her email account if she is concious as then you will be able to get account details for all the providers. Which will make life easier. Or for her mobile pass/pin and remove any biometric (fingerprint or face recognition). You will get through this x
Surely the most pressing problem is that OP as it stands has no right to live in the house, will not be named on the lease (not that some utility companies see to follow any procedures), and is in danger os assuming her mother's debts? Basically they won't switch off the water and power until someone tells them there's been a change. OP's first order of business is to work on her housing situation. If it comes to it - and in fact it has to come to this, no-one has any money - the Council will see to OP's mother's final disposition.
That's why I listed speak to the council and Shelter above the utilities.
NAL - but in regard to the tenancy succession issue, although there has been a statutory succession some councils also have a discretionary succession policy that may allow you either to remain in the property or be moved to other suitable accommodation. It's best to seacrh their website for this as the criteria will vary from Council to Council.
If the council repossess the property when your mum passes, they’ll be immediately making a mother and baby homeless on SMP that makes no sense. Make sure they know that.
I imagine they'll just follow policy, evict and put her on a priority waitlist.
Certainly where I am they're much more likely to ask the OP to bid on properties with a view to moving than they are to allow OP to take over the tenancy.
At least they try to get them to bid on properties before they move out but I do hear such sad stories about bidding that you end up never getting anything.
She'll probably be put in a b&b temporarily as she has a baby, so unlikely to be made homeless, although it will be an extremely difficult time, so I hope the council gives her a grace period before moving her out
This is an important point.IANAL... I believe it is illegal to make a parent with a child homeless
Not true at all. Lots of parents with children are evicted and made homeless. Otherwise having a child would be like a loophole to get infinite free housing as even people in rent arrears couldn't be evicted.
That is sad to hear.
It is not illegal to make a parent and child homeless. Cold as it is there are many circumstances where they may be evicted legally.
100% this, the place im in now was originally a joint tennacy signed in 97 for my parents. When my father passed in 2004 it was succeeded soley by my mother. I had moved back for the past decade to care for her and the housing association used discretionary powers to grant me my own tennacy so i avoided the private market when she passed last year.
As well as Macmillen you can see if there is a local hospice. They often provide hospice at home and will also provide you will support now and in the future.
This is a very sad situation for you, and you have all my sympathies. When situations like this face us, they can seem bewildering. Remember, your mother’s debts are not yours. You may have to administer them when she passes, but you — as an individual — will not be liable for them (unless, as someone else has mentioned) you are formally jointly liable. A debt can’t be transferred to you, and if someone tries to tell you otherwise, they’re wrong. Some sound advice given about Macmillan and Citizens’ Advice. Use their services, they know what to do and how to help. Similarly with the council, call them (in advance about your housing options) explain your situation. The council will also be crucial when the time comes to require death certificates, sorting council tax etc. Utility providers, insurance companies and banks, in my experience, are very helpful when an account holder dies. Call their bereavement services. They’ll help stop further payments and set up new accounts for you if necessary, arrange access to any funds in bank accounts, repayments to the estate etc. I wish you, your baby and your mam the very best as you go through this difficult time, and that you’ll be able to be strong for all of you.
"Call their bereavement services" - very good advice indeed. Company's normal customer helplines are as you'd expect, but if you can get through to their bereavement team, you'll have a much better experience. The staff on those lines are generally very good, helpful, and nice.
>You may have to administer them when she passes No, OP has no obligation to deal with the estate.
Indeed. Hence “may”.
You said 'may have to', but there is no situation where OP *has to* administer the estate. OP can refuse from the beginning.
Your mum may have done you a favour by not having your name on any billing account she has liability over. If she was struggling to pay and fell behind and then died if your name was already on them then you would be liable. Make sure they set up new accounts in your name and do not allow them to pass any outstanding balance on to you. Do not even hint at you taking on the debt or making a payment yourself on in. Simply say that once she dies you will be managing her estate. Try to get access to her emails before she dies so you at least have the account numbers and can find all the suppliers. After she passes her debts pass with her if they are only in her name.
I've had two family members pass away recently, and also had no idea what I was doing at first. But I was surprised how things like credit card debt just disappear with a phone call to the Bereavement Team (magic words). Debts do not pass down through families in the UK; they get paid using money from the estate. If someone dies without leaving any money, or the money runs out, the debts get written off. That's just how the system works. Please don't add yourself to your Mum's accounts, as this may make you jointly responsible for her debt. With utility bills, if (hopefully when) you get tenancy, you can set up new accounts as a new tenant. What you can do now is help your Mum set up a Third Party Mandate with her bank and card companies. This is quick and easy to set up with one form (far quicker than a Power of Attorney), and allows you to operate the accounts on your Mum's behalf - for example, to make sure household bills are paid on time. I think utility companies have something similar. The government have a great website called "what to do when someone dies" which has info on covering funeral costs, who to contact, etc. It's really good to read in advance, if you feel up to it: [https://www.gov.uk/when-someone-dies](https://www.gov.uk/when-someone-dies) . I'm sorry to hear you're going through this OP, but there's help out there. You've got this.
Seconding that government website, it's extremely helpful.
Phone the council while you’re with your mother. They will have dealt with this situation countless times before. There will be a process in place for situations exactly like this. All the best.
NAL - but in regard to the tenancy succession issue, although there has been a statutory succession some councils also have a discretionary succession policy that may allow you either to remain in the property or be moved to other suitable accommodation. It's best to seacrh their website for this as the criteria will vary from Council to Council.
First of all, the debts will be written off if your mother has no money in her estate, personal debt cannot be transferred to another person. The only exception to the above could be Council Tax as you and your mother would be jointly liable for that regardless of who pays it. Unfortunately you will have to manually call all of the companies when your mother dies, a lot of them will require a copy of the death certificate so it’s advisable to get a few copies to save hassle later. With regards to the house, you should speak to the council ASAP, logically the council could just let you take over the tenancy but unfortunately councils very rarely operate in a logical way. Given your situation the council would need to house you if they make you homeless but that is likely to be in temporary accommodation. As someone else has suggested speak to MacMillan who are fantastic with advice and support and speak to Shelter for advice on housing. First priority is to speak to the council. One other thing, when the worst does happen you’ll need to arrange a funeral. If your mother has been receiving benefits and not using them they can build up, her bank should allow you special access to funds specifically to pay for a funeral, just be careful with any benefits paid after you mother dies as these need to be repaid if spent.
OP's mother appears to be indigent, OP not much better off and facing homelessness, with no other family to help or participate, they may be better off leaving OP Mother's final arrangements to the Council, cold as it seems.
Similar situation happened to my sister. She lived with our mother, who had already inherited the tenancy. We had to fill in a lot of forms, but my sister was eventually granted a discretionary tenancy. She had to downsize to a new property but is really happy there. 🤞
Regarding the accounts & debt. If the accounts are in both names, then you are both jointly liable for all the debt. No matter when the additional name was added. So as an example, she owes £1k on her gas bill, if you get added to the gas bill as a joint account holder, then you will owe £1k. If you are not named as a joint account holder and there is no estate to cover the debts, then the debt dies with her. You may need to provide copies of death certificates & finances. HOWEVER you can be listed on her accounts as a nominee/point of contact. To do this usually you just call the various companies with your mum present, she gives permission then you can be added as a nominee. This means you have authority to deal with her accounts whilst she is alive on her behalf but take on no legal responsibility for the accounts. Regardless of whether you are added on as a nominee or not, once she passes you will need to ring round and inform everyone of the death. Most large companies have a bereavement team and a simple procedure. They will be able to set up a new account (where appropriate) under your name from that date onwards. Do not take over her accounts, make it clear that her accounts needs to be separate and you need new accounts. Don’t accidentally accept responsibility for the old accounts with debt.
NAL, but do you have power of attorney set up? If she is still coherent, you could look into setting this up to allow you to speak to discuss any bills on her behalf. You don't need to accept any of her debts, so when handling her estate be sure to write to them explaining there is no money in the estate to pay, and they should be written off. This may also apply to any household bills, so be careful when transferring to your bane that you are not taking on any debts you wouldn't have responsibility for. In terms of the house, you could call the likes of Shelter to ask for advice. Very sorry to hear of your situation.
Setting aside the time it will take to set up, a POA would only solve the immediate issues and not the headline issue of what happens to them once her mum dies as the tenancy cannot pass. OP: Engage with the Council now, they are likely to be more sympathetic than you think!
My POA took the best part of 6 months sadly it seems the OP's mothers time is way way less than that.
Just to reiterate: DO NOT CHANGE THE BILLS INTO YOUR NAME UNTIL YOU'VE SEEN THE BALANCES. There would be no break in service when the old account is closed and a new one is opened, so you have nothing to fear from that respect, so if there are debts, if you're not named, you won't owe them. If you add / transfer the bills now, you'll also be transferring any outstanding debt. Of course, if there isn't any, there's no harm in it, but don't do it unless you know the balances. When it comes to bills, a mistake some people can make is thinking the monthly direct debit (what gets regularly paid) is what you owe, but that's not the case. Suppliers will estimate usage for a year, and then charge a proportion of that amount per month, but if you use less or more than they estimate, you can end up with a debt or credit at the end of the billing period.
In that case, if she has access to the accounts through a phone she can submit meter readings for Gas and Electric, and water if applicable surely?
Your mother should now be getting PIP in addition to any other benefits. It should be automatic but worth checking
Look into whether you are entitled to any benefits even if it's only until you return to work. Pages like entitledto.co.uk can give you a quick overview as to what money you are able to claim before doing the real form.
If you're just on SMP, it's likely you're missing out on Universal Credit. As the property is too big, you won't be allowed to succeed but MIGHT be deemed to be able to access a 2 bed property. Once she passes away, you can report the housing costs on UC so they're partly covered in the interim. You have a dependent child so regardless of what happens, you won't be made homeless and will go into emergency accommodation.
The property is not too big - it is a 2-bed that they moved into from a 3-bed after their nan passed. I wonder about the succession rules, tbh. The original 3-bed was tenanted in the nan's name and mum got it through succession. Then they (mum and OP) moved to a 2-bed, which was tenanted in mum's name - would that still be considered a succession of tenancy, or a new one? If a new one, then OP probably could claim succession, as it not a second succession on the same tenancy/property.
Oops I can't read. Definitely make it a priority to claim UC ASAP and claim housing costs in due course.
I can’t provide advice for the finances but plenty of people have responded on that. Do not change anything to your name until you have seen the balances as you may inherit debts. With regards to council housing, there is 1 succession but this is dependent on the housing policy in your area. A lot of the time the council will support you with moving to a different property if you are under occupying. They will not make you homeless. (It’s not in their best interest to as homeless may get priority on the housing lists anyway and it’s also something councils are already trying to tackle) They are usually very understanding and can support you. I would try to look at the housing policy and any discretionary elements and speak to your tenancy officer.
OP, you have a child who will need their own room. Do not acknowledge in any way that you'd be under occupying. You intend for your child to have their own room once your mother passes, they'll be old enough by then.
Don't do anything until your mum passes. If you take over bills now you could potentially take on debt. If it's her bill in her name only it dies with her. Contact the council housing department and let them know you're at imminent risk of homelessness due to your mums terminal condition. Because of the baby you'll be priority for rehoming once your mums tenancy ends (on death). You might get told to start bidding on properties now, do this as there is absolutely no guarantee that the council will let you stay in your mums house.
My advice would be to contact the housing team at your local council, but also reach out to your local councillors as they can also offer advice on this situation. If you are at risk of homelessness, depending on the nature of the tenancy, the council should offer support to avoid this. I would also talk to the citizens advice bureau - they have a range of services and expertise so will be able to direct you to other services if they can’t help.
As a very basic overview, you should remember that you are not required to take on and pay any debts that do not already have your name against them. The way that it works is that when her estate is wound up, any assets like savings will be distributed between her outstanding creditors first. If there are any assets left after that then they will be inherited by you or other names people, however if the estate cannot cover her outstanding debts then those debts will be written off. The only time you would be liable would be where you were specifically named on a debt as a guarantor (which should never have happened without your permission, if it has that works have been fraudulent). When it covers to her bills, it will be your job to call up her providers, inform them that she is deceased and closer the account. You can then open a new account in your own name and assume responsibility (either with the same provider, or a different one if you would prefer). With regards to your housing, this can vary quite a lot council to council. I find it hard to believe any would jump straight to evicting a vulnerable tenant like a single mother and baby, and would expect them to either allow you to assume the tenancy of the existing flat, or require you to move to a new home as fitting your status when available. The only way to say for sure is to get in touch with your councils housing department and ask.
Have you lived in that property with your mum for more than 12 months? Are you in the council records as living in that property with your mum for more than 12 months? If yes then you can request to be made a joint tenant, then the tenancy will just pass to you anyway. If they decide the property is too big for you then they will just offer you a smaller property.
When she does pass away and you register her death you can use the 'tell us once' service which will inform all government agencies about her death which makes things a bit easier. You can do it kiddo x
Do not transfer any debt into your name. No accounts credit cards utilities NOTHING . They are your mother's debts and will die with her.
Don’t let the electricity providers pass her debt onto you. They will try and put it on you. If necessary just sign up with a different electricity provider to avoid them doing that.
Sorry to hear about your situation, is the father of your baby not supposed to contribute to your living situation
You'll need to speak to adult social care. They will be able to help with getting her into a hospice. We had similar with an elderly relative and his partner had to go into a dementia home until he got better. With regards to debt you don't need to take any on personally as it should come from the estate if there is any. If you've got a young child get onto the council and get registered for your own housing also make them aware you are staying with your Mum who is terminally Ill in a council property as they may be willing to open discussions about the tenancy and what happens when the worst happens
Debt dies with the person, so don't worry about that. It will Not be passed to you! If any of the companies try to say you need to pay laugh at them and tell them to F**k off!! Get yourself to the council asap and get on the list, you may have to go into temp accommodation and bid for houses/flats, do you have a health visitor? GP? You could ask for help, it's better to start sorting things now instead of waiting any longer!
Nal but I am in a council property, I asked this very question as I am a single parent to two boys. I was told that someone who has lived in the property can take over the lease. They have to have spent at least 12,months in the property. (Which it sounds like you have) I also think you need some support. MacMillan are good, but are there any local hospice charities in your area? I generally find these are better with local support and guidance. Sending lots of love your way
> we had to move from a 3 bed to 2 bed when my nan died, the tenancy was passed down to my mum (a succession). This means the tenancy on this 2 bed house we are in can not be passed down to me because you are only allowed one succession You need to call the council and clarify this. If your Nan died and they made you move, this is not a succession tenancy. When a tenancy transfers in this way you would stay in the same property.
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There usually can't be a second succession, but Council's may exercise their discretion. However, in the immediate future, they will likely view you as a 'tolerated trespasser" and set us a mesne profits account for you to pay "rent" for the property (you can claim benefits for this). If they decide not to grant a tenancy, they will have a duty to prevent you becoming homeless, which will mean helping you find somewhere to live that is affordable. Depending on local demand, they might just offer you the same property (which seems perverse, but wouldn't be the first time I've seen it happen). None of this is insurmountable - I would suggest you focus on spending the time with your mum you have; nothing is going to happen immediately in terms of the house.
Contact the council housing department straight away. You can’t inherit the tenancy by your Mum passing it on but they could accept you as a new tenant . Alternatively the tenancy that your Mum inherited was the 3 bed house she then agreed to move to the smaller 2 bed so that was a new tenancy. Ask if you can be made a joint tenant straightaway so you can secure a home for you & your baby after your Mum sadly dies. Good luck
Ok speaking as someone who has done experience with some of this. Honestly you are going to need to move fast. Contact McMillan they are great. You can also assign your tenancy to one of your children (including step and adoptive children) or to an unmarried partner if they've lived with you continuously for the last 12 months. Obviously speaking to council housing explain you have lived there 14 months plus, etc what ever your time, see above. And you need adding to the tenancy as also mother's carer. Speak to benefits helpline about terminal Ill parent and care help. Council one move now. Download a power of attorney UK paperwork doc off Line and both sign. Get someone who qualifies to countersign. But family.
So sorry to hear about your mum and living situation. You should first arrange a chat with your local citizens advice bureau and see what advice they can offer. Before you transfer all of your mum's paperwork/bills to your name, check with Money Saving Expert (https://www.moneysavingexpert.com/) to see if there's a way to wipe off some or all of her debts. As you mentioned about hoarding, if there are any unwanted items that may be of use to someone else, consider selling them on apps like ebay, Vinted, Etsy etc. You'd be surprised how much money you can make from your old junk and definitely can help with managing finances for the short term. In terms of funeral costs and help with stress etc there are plenty of charities that can offer free confidential advice and support if needed. Also the son of a neighbour of mine created a gofundme page to help pay towards his dad's funeral as he is still studying with no additional support. Members of the community were able to provide financial support. It may be worth considering to help with costs.
First things first. Get your name added as a joint tenant now. You don't have to wait for anyone to die. This is the important bit! Get your name on that tenancy! Your mother can confirm that you are now the primary tenant, it's all good and then when she passes you don't have to worry about succession or any of that business. then just act like a new tenant would and start new bills as if you have just moved in. Start a fresh new account with the provider as if you're not related at all to whoever was there before.
Only do this if the accounts aren't in debt.
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I do agency work for Councils....its very very rare they'll add another name on a tenancy. What they might do...depends on the LA discretion...it put OP on an unsecured short tenancy until they can offer them another property. I have known Councils let people take on the tenancy even though they weren't entitled to succession.
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Adding another tenant to a tenancy was stopped years ago...it is very rare that a council or a housing association will agree to it. I've only kown it happen once in my many years of doing Agency. In the event of the tenant passing away...and there are people living in the property...Councils tend to be more open to giving the tenancy to the person living there...Housing associations tend to be more stricter. It also depends on the property...if there is going to be 1 person left at the property and its a 3 bed...then thry would usually offer a direct let to a 1 bed. Although I once worked at a Council thst did let a man take on the tenancy of a 3 bed....but another Council I worked at...his mother died...he was in a 2 bed...he had a learning disability...and they made him move. So it depends on your LA
It's not a 3-bed, it's a 2-bed - read OP's post properly.
I know it's a 2 bed...I can read. If you re-read my post...you'll see I was giving an example.
So you were, sorry. Someone else didn't notice OP was now in a 2-bed and I assumed you had also missed it. My mistake.
can’t offer anything new but just wanted to say i’m sorry and you can get through this