My mother has asked me to help her will

property.advert

Baggysdad wrote: »

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

Agreed.

Protecting (J)'s future is the only real concern. Doing something 5 or more years down the line is probably going to be even more messy. If your mother wants the two drinkers to inherit something, then the property will have to be sold, simple as that. Another property could be bought and held in trust for (J) or he be given a lifetime interest in a property. Either way no-one could run up debts against it.

Perhaps, if (J) will never have children, then sell it, get a property in trust with (J) as life interest but ultimate beneficiary as either your children or all grandchildren. The remaining cash to be split whichever way, perhaps with you getting none as your children would inherit the property bought for (J), or cash split equally, but not to (J).

If the property is not sold then the drinkers get nothing but their actions could harm (J). The issue of who will assist in caring for (J) going forward needs to be addressed. I would pay particular attention to the desires of the drinkers. If they want equal shares and see it as their right, then there is a bigger problem.

You and we need some firmer idea of what those who might oppose any plan see as the "right" thing to do.

A decent lawyer, specialising in trusts and people like (J) is imperative.

Blacksheep1979

kathymarie wrote: »

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?

If they have money why should the state support them?

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Blacksheep1979 wrote: »

If they have money why should the state support them?

The state does not make you sell your house to claim income support, job seekers allowance and a raft of other benefits and tax credits.

not_loaded

property.advert wrote: »

…If your mother wants the two drinkers to inherit something, then the property will have to be sold, simple as that…

Not if she leaves them a tenner each for old time’s sake!

property.advert wrote: »

…A decent lawyer, specialising in trusts and people like (J) is imperative.

Yes. You’ve had the right advice here kathymarie. It’s time to get it legally stitched up with your mother’s agreement. If you attempt this and fail at least you have the knowledge that you tried to do the right thing for all. Good luck!