Second Mortgage

kegg_2

what if at some point in the furture she needs a care home?
The sate wont pay as she has given away her assets so will you pay?

kegg_2

or more correctly will you be in a position to pay?

VIGILANT22

Peter_L wrote: »

The value of the home may still be taken into account for funding long-term care as there are anti-avoidance measures in relation to means-testing. This is set out further at 5.1.2 Means testing.
If your client subsequently needs to move into a home but does not have the resources to pay for their care themselves because of the gift, the local authority may only pay for the basic level of care, leaving your client to rely upon the financial support of others to enable them to move into a home of their choice.

The problem is though I never for a minute suggested that the transfer was done for avoidance purposes. I maintain (and still do !) that the transfer was done so that I move into the family home (a bigger home than mine). Mum could have stayed with us but she prefers to move closer to her friends and I AGREED TO PAY HER RENTAL FEES !!! She is moving to a PRIVATE flat not an state sponsored care home !!!

The problem is we...you/me don't write the rules....:)

VIGILANT22

kegg wrote: »

or more correctly will you be in a position to pay?

In cases of where deprivation of assets (not just cases of care fees etc) ie bankruptcy/disposal of property for whatever reason...... can be proved (by a court)....they have the power to take this back from the current owner and force a sale on the open market.........I have just seen this where one partner bought for 150k 3 yrs ago, then appeared as a sale on the register to his partner for 1k....4 months later declared himself bankrupt...........the property has been claimed back and selling on the open market........

Peter_L

kegg wrote: »

what if at some point in the furture she needs a care home?
The sate wont pay as she has given away her assets so will you pay?

I AGREED TO PAY HER RENTAL FEES !!! or as such time as then she can move back with us or my brother ...

kegg_2

I was not asking about her rent but her furture care needs.

You cannot say if she gets to the stage where she cannot live alone she will go to live with you as you dont know what her needs in the future will be. You can gamble that she is not going to have these needs but it is a gamble.

Peter_L

VIGILANT22 wrote: »

In cases of where deprivation of assets (not just cases of care fees etc) ie bankruptcy/disposal of property for whatever reason...... can be proved (by a court)....they have the power to take this back from the current owner and force a sale on the open market.........I have just seen this where one partner bought for 150k 3 yrs ago, then appeared as a sale on the register to his partner for 1k....4 months later declared himself bankrupt...........the property has been claimed back and selling on the open market........

If I was unlucky to become bankrupt (hardly likely as I have no other debt and am not self employed ). If I/my mother wanted to dispose of the property then she/we would have sold it by now. Your whole advice/arguments are solely based on the assumption that I am out to do something illegal/scam the state. i appreciate the 'what if' scenarios but what if I was hit by a bus tomorrow ... ?

Peter_L

kegg wrote: »

I was not asking about her rent but her furture care needs.

You cannot say if she gets to the stage where she cannot live alone she will go to live with you as you dont know what her needs in the future will be. You can gamble that she is not going to have these needs but it is a gamble.

Thanks for the concern but having had to care for my disabled father for the last 5 years of his life with !!!!!! all help from the state or social services I'm sure we'll cope with my mother 'if' the need arises ...

Conrad

My father in law is looking into putting his home in our names in an attempt to at least tru and keep the state's hand out of the pot should he one day need care (he's very fit btw).

Now why would we want to do this?

He worked very hard all his life.
Like me he wants his children to retain the fruits of all that work.

In my job I see many cheats and scroungers - people new to the country (not racist, merely what I encounter - Im known as a softie liberal on the general discussion area and Im always sticking up for minorities) letting thier council houses for profit (this is the status quo here), presenting £10k state funded cheques for a car (which some then sell on btw and pocket the money), people with bad backs that 'can't work even though I know very severly disabled people that DO work.

We want the family to retain the fruits of our labour. If we chose to sell the home to pay for care of our chosing then that's one thing, but for the state to confiscate those fruits and then in effect give billions to millions of scroungers and cheats, no.

Peter_L

Mum and Dad had their own business working 18 hours a day to scrimp and save to buy the house, he worked until his body couldn't anymore (multiple brain haemorrhage's) and mum had to take over and keep business going with help from us part time, so you can see our reluctance to let the family home go - too much sentimental value to sell to a stranger particularly as Dad is no longer with us. House is too big for mum but good size for me and my family and with a make over (hence this thread) will be the 'ideal' home so I don't understand the misconception and suggestions that I'm trying to pull a fast one ??? Most of those scroungers live in our estate - all DLA's and income support in their £300k+ oversized, overextended houses (look like hotels ! not generalising - you see them at the chemist ticking the exemption boxes and the posh cars that never leave the drive). In my position I can see who claims what and where they live (no I'm not a chemist !) like I said I am not trying to pull a fast one but can understand why some may be tempted - in this country the time definitely does not fit the crime .... see father that was jailed for kicking seven bells out of the scumbag who broke in to burgle and kidnap his family ... or the farmer who was jailed for shooting dead the scumbag who was tooled up to burgle his farmhouse ...