My mother has asked me to help her will

kathymarie

Hi ! Can anyone give me any advice on the following -
My mother, who is terminally ill, is unsure as to what to do with her house after her death. I have two brothers who still live in the property, and who are both on benefits, so her solicitor has suggested that they remain in the property for x years, after which the property is to be sold, and the proceeds split.

Is there a ruling that states that a property must be sold after a set number of years - the solicitor mentioned 5 years?

Also, would the property, if inherited by my two brothers, be classed as an asset, that would adversely affect their ability to continue claiming benefits, even though they remained living there as owners?

wodgerdodger

I am definitely no expert but am equally sure if they inherit then will affect their benefit status .My only suggestion is that the property is put in a form of trust which would allow then to live their indefinitely.
i think you/they/mother really needs formal legal advice to avoid any future ability to claim benefit or indeed if necessary either brother needs care home.
Can't be an easy time for you but best to seek guidance now before too late

getmore4less

You definately need advice, CAB may be able to help with some of the benifit angle maby more so than a solicitor.

AIUI the house you live in does not effect all(if any) means tested benifits.
(Check on the benifits board)

When sold they then would have cash assets so this route(sell in 5) does not look a good idea.

Do you want or need your share?

As they are in effect dependant that may have a bearing on things.


What sort of value is the place?
Any other assets?

Is there a current will or if she passes now will this be intestate?


If I were you I would start reading up on wills and probate to get a better understanding. (books from the library and loads online)

david29dpo

5 Year does seem the norm, its in mine. What ever you do, don't have the solicitor has executor.

poppysarah

What does she want the end result to be?

Does she want to turf them out? Does she want all her kids to have a share? Does she want them looked after forever?

Find what end result she is after and work backwards.

ClootiesMum

My sympathies are with you - this must be a difficult time.

Check about the position of Capital Gains Tax. From my Mum's house the house was valued when she passed away and since we sold the house for more than this amount we were liable for CGT on the difference. In 5 years there might be a rise in the house price.

kathymarie

Thank you so much for replying. My mother has not finalised her will she is liaising with the solicitor now, but cannot make up her mind.

She is torn between providiing for my bother (J) who is in his late thirties and has learning difficulties (e.g he is unable to tell the time) and would need support with financial issues, (he in receipt of benefits).

My brother (N) who is also in receipt of benefits and who looks after my mum, and who my mum wishes to stay with (J) in the property.

My mothers states that her main concern is (J)'s future which I agree with as I have my own property and am a mother also I can very much appreciate this.

However I worry as to how my brother (N) will cope as he has a drink problem, but is kind and supportive to my mum and brother (J) however he does not get on with my older brother (P) who my mother took back in after his divorce on the pretext of saving to buy a house he has stayed rent free for over seven years! and he also drinks and creates arguments!

(P) would like the house to be sold when asked about his brother (J) and his needs he said nothing

I am at my wits end I have thought about asking my mum to put the house in my name and having a clause in the will for (J) & (n) 'to live out their days' but worry :-

the house will swallowed up in care homes fees (it is valued at between 180k - 210K

That bad debts may be run up, (or equity released)

That the house will fall into disrepair / burn down!

That my brothers will "kill" each other without the mediating force of my mother!

It would be nice if my two daughters could inherit the property (as they are my mums only grand children), but worry that there will only be debts left!

If the house is not sold then (P) will contest the will even though he has stayed gratis for so many years. I have read that you can will someone a nominal amount and state why so that they cannot contest the will as they have not been omitted

With so many reasons it seems simpler to just split and sell after five years, at my suggestion my mother has asked the solicitor to divide so that (j) & (N) would be able to buy a property 3-5 five miles away from where they live now. I would get the same amount as (p)

I have even thought of trying to sell as a buy to let but the proceeds would still have to be split then (J & N) would lose benefits

My mum is trying to find a solution which pleases everyone and I dont think their is one

Thanks again
KathyMarie

RAS

kathymarie wrote: »

If the house is not sold then (P) will contest the will even though he has stayed gratis for so many years. I have read that you can will someone a nominal amount and state why so that they cannot contest the will as they have not been omitted

Sorry but you mother is legally entitled to leave the hosue to whoever she wishes. None of them has the right to live there after her death. If she wants to leave it to the cat's home, she can.

Yes, leaving a nominal sum to one potential inheritor who gets less makes explicit that that the donor has considered the inheritor and made a positive decision about their portion and the person has not been "left out by accident".

Your brother could try challenging the will but he would not get a lawyer to do more than write a threatening letter; they would know he had no chance.

kathymarie wrote: »

My mum is trying to find a solution which pleases everyone and I dont think their is one

It is not your mother's responsibility to please anyone. She does what she wants, not what everyone esle wants.

I would say that if she intends to leave anything to your brother with a disability, as a family you need to get advice as to whether he is able to look after his own affairs or you need to appoint a guardian. This needs to be someone who is NOt going to drink his inheritance and will ensure that things are managed to his advantage. Neither of the other brothers sound suitable to my mind.

not_loaded

As you sound like the only capable person around (apologies to J) I’d use the solicitor that your mum has already seen, and visit with her expressing the issues you’ve described here.

I hope your mum would be okay with that. She probably realises your position in this.

Be prepared for crap from the drinking brothers at a later stage, and ensure the solicitor knows the fullest details of the situation. They are there to help and advise in just this sort of situation. Her will needs to be carefully written. That’s what they charge so much for!

BitterAndTwisted

If I were in your mother's position I would be worrying a lot more about your disabled brother's welfare than any of the other adults who should be able to look after themselves. Is there any way that the house could be left to your disabled brother in some form of trust (so that he can't compelled to sign it over to anyone else) and any of the other brothers can be allowed to remain living there on the proviso that they take on the responsibilities as carer/s or at least ensure that bills are paid properly and the property maintained? These are the sort of questions I'd be encouraging your mother to ask her solicitor. If there's no way round it I think the property should be sold and then all of the proceeds to kept in trust for your brother's future care with someone unrelated to take on POA to protect his interests

Baggysdad

There is a blindingly obvious solution to this conundrum that any professional who knwos what they are doing should be guiding your mum to.

A Discretionary Trust.

If this has not been discussed by your mothers solicitor, dump the solicitor and find one who knows what they are doing.

B