Urgent help needed - tonight please

new_home_owner_3

dina141080 wrote: »

it is me who will nurse and care for her until her dying day as I refuse to put her in a home.
.

so forgive me for being stupid then, why did you bother transfering the house 50/50 with your brother when you never had any intention of her being looked after in a care home??

i aint posting anymore i think you have showed your true colours by the things you have posted.

pinkshoes

new_home_owner wrote: »

so forgive me for being stupid then, why did you bother transfering the house 50/50 with your brother when you never had any intention of her being looked after in a care home??

i aint posting anymore i think you have showed your true colours by the things you have posted.

Because perhaps she doesn't NEED to go into a care home yet, but doesn't want to live on her own any more???? You can't predict the future.

Dina, does the house have a mortgage on it?

If it does, then I presume your brother is waiting until your mother dies, then the mortgage would be paid off in full, and the house would be half his?

If there is no mortgage, then I would write to him (recorded delivery), stating that unless he is willing to sell, then you will have no option but to enlist a solicitor to show that your mother was not of sound mind when the house was transferred into your names, and it should be transferred back.

If you do sell, it is only fair that he gets half though. Look at it from his point of view; he probably sees it as you getting all the money to improve your house and denying him his half. This is no doubt why he is refusing to sell.

new_home_owner_3

pinkshoes wrote: »

Because perhaps she doesn't NEED to go into a care home yet, but doesn't want to live on her own any more???? You can't predict the future.

Dina, does the house have a mortgage on it?

If it does, then I presume your brother is waiting until your mother dies, then the mortgage would be paid off in full, and the house would be half his?

If there is no mortgage, then I would write to him (recorded delivery), stating that unless he is willing to sell, then you will have no option but to enlist a solicitor to show that your mother was not of sound mind when the house was transferred into your names, and it should be transferred back.

If you do sell, it is only fair that he gets half though. Look at it from his point of view; he probably sees it as you getting all the money to improve your house and denying him his half. This is no doubt why he is refusing to sell.

read the fisrt post again they was going to put her in a care home thats why they split the house 50/50.

then later the op post;s she would never put her mom in a care home, why was she considereing it a few years ago?

new_home_owner_3

pinkshoes wrote: »

If you do sell, it is only fair that he gets half though. Look at it from his point of view; he probably sees it as you getting all the money to improve your house and denying him his half. This is no doubt why he is refusing to sell.

i think thats fair enough, sell the house and give him half the money.

squinty

dina141080 wrote: »

it is me who will nurse and care for her until her dying day as I refuse to put her in a home.

.

seems to contradict

dina141080 wrote: »

My brother and i both own my mothers house 50/50. The reason for this being that my mother took ill and just incase she required to go into a care home we transferred the house into our names. Therefore she would not have to sell her home to pay for her care
.

LibbyR26

Pitlanepiglet wrote: »

"You need to get good advice quickly. I doubt you'll find anyone to give you any serious advice in a free half hour, you need to find someone you are comfortable with and instruct them to investigate this and see if you have any way of unravelling this, possibly by citing the conduct of the lawyer (if it was one lawyer). "


Think it's a bit unfair to go gunning for the lawyer just because things haven't worked out her way.

Whilst I'm not suggesting that solicitors are infallable, even someone fresh out of university would have explained the full implications to the mother, including that the house would belong to the children who could do what they like with it. They would not have proceeded if there was any hint of lack of capacity or appearance of conflict of interest -it is basic professional ethics and simply not worth the risk

From the OP her mother fully intended to transfer, had an arguable (though IMO flawed) reason,and her wishes were followed. The only thing that has changed is that things have not worked out as planned. By all means pay another solicitor to investigate but I doubt if she will get out of it that way.

Taking him to Court to force a sale is likely to be very costly. Are you in a position to buy out your brother?

G_M

Tried to avoid care home costs - result taxpayers (you and me) would have to pay.

Wouldn't work anyway as she's been living in the property ever since - Local authorities/taxman not stupid. They've long been wise to people 'transferring' their assets for this reason.

Now this scam's backfired big-time. You got poor advice (if any) when you arranged this.

Best you can do is get brother to agree to sell the house and split the money 50/50.

Fire_Fox

Fire_Fox wrote: »

How exactly was the house gifted to you and your brother if your mother was severely mentally ill? Power of attorney? If so your brothers actions are the least of your worries.

dina141080 wrote: »

it was all done by my mums lawyer at the time. fire fox what do you mean

If your mum was severely mentally ill then she could not have been of sound mind in order to make serious financial decisions for herself. To have allowed her to sign her house away in such a state leaves the recipient open to being investigated for coercing the vulnerable person.

Alternatively Power of Attorney is a common way for people to be able to take control of the finances of those who are unable to deal with them for themselves. Sounds very much like your mother was in a state where she would have benefited from a PoA? If you had that and used it to sign the house over to you and your brother that is an abuse of the PoA.

Pitlanepiglet

LibbyR26 wrote: »

Pitlanepiglet wrote: »

"You need to get good advice quickly. I doubt you'll find anyone to give you any serious advice in a free half hour, you need to find someone you are comfortable with and instruct them to investigate this and see if you have any way of unravelling this, possibly by citing the conduct of the lawyer (if it was one lawyer). "

Think it's a bit unfair to go gunning for the lawyer just because things haven't worked out her way.

Whilst I'm not suggesting that solicitors are infallable, even someone fresh out of university would have explained the full implications to the mother, including that the house would belong to the children who could do what they like with it. They would not have proceeded if there was any hint of lack of capacity or appearance of conflict of interest -it is basic professional ethics and simply not worth the risk

It's a breach of one of the most basic and fundamental Solicitors Professional Conduct Rules, a solicitor cannot act for more than one party in a transaction irrelevant of the state of mind of the parties.

It's a pretty big !!!! up for a lawyer to make and it doesn't matter whether he/she explained the risks to Mum. They needed to recommend that someone was advised separately so that they each had someone acting in their own interests.

I'm not advocating "gunning for the lawyer", I'm just advising on what I see as the issues in this situation.