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My mum wants to sign her flat to sister

My mum needs full time care and one answer is that my sister and her husband move into her flat and become her carers.

Mum's owns her flat outright, value around £150,000.00. Can she just sign the flat over to my sister?

My sister has no money and presently lives in a council flat.

Otherwise, what are the alternatives. Apart from waiting till mum dies as everything is left to me and my sister.
I am happy to receive responses to my posts, however I will ignore any that are flaming/trolling.
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Comments

  • noelphobic
    noelphobic Posts: 2,297 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My mum needs full time care and one answer is that my sister and her husband move into her flat and become her carers.

    Mum's owns her flat outright, value around £150,000.00. Can she just sign the flat over to my sister?

    My sister has no money and presently lives in a council flat.

    Otherwise, what are the alternatives. Apart from waiting till mum dies as everything is left to me and my sister.

    If your mum signs the flat over and subsequently needs to go into residential care then the local authority could see this as being 'deprivation of assets' and could assess her as though she still owned the flat.

    Also, if she signs it over to your sister then you will have no claim on it.
    3 stone down, 3 more to go
  • nickyhutch
    nickyhutch Posts: 7,596 Forumite
    Why does she need to sign it over for them to move in?
    ******** Never be a spectator of unfairness or stupidity *******
    "Always be calm and polite, and have the materials to make a bomb"
  • I'd be very wary of signing anything over to family members. I've heard of people putting their own rellies out on the streets once they've got their hands on the assets.

    Complicated where the "deprivation of assets" issue is concerned as well as your aunt and uncle giving up their tenancy to take on the role as carers, which could leave them homeless at some point if your mother's needs get too great for them to provide them.

    Have you had a read on the AgeUK site and see what they say?
  • lalinchante
    lalinchante Posts: 73 Forumite
    edited 16 November 2010 at 6:04PM
    I was thinking if mum gives the flat to my sister, then it gives my sister security.

    Mum is in residential care home at present but would rather be with family.

    Perhaps its best to stipulate in her will that she leaves the flat to my sister?

    Bitterandtwisted, my sister and I would never do anything to hurt our mum.

    Noelphobic, I don't need a claim on mum's flat.
    I am happy to receive responses to my posts, however I will ignore any that are flaming/trolling.
  • What is your aim?

    To care for Mum, without using council facilities.
    To avoid/minimise taxes.
    To give a roof to your sister.
    To avoid care fees.
    To keep the house in the family, whatever happens to Mum.

    All of the above?

    Are the council providing "home help" or similar?

    Its going to be difficult to alter the arrangements in respect of your Mum at this late stage. If needing full-time care now, it might only be months before she needs to going into a care home, for professional care. This will involve the council and their deprivation of assets rules. Or a private home, and her needing to sell to afford the care.

    Signing the whole house straight over is going to ring alarms bells. Sister may owe stamp duty. Council may back-date deprivation of asset rules. If Mum dies within 7 years, the taxman may come for Inheritance tax, depending on the overall size of her estate.

    Minefield. Needed dealing with before now. Best option, in my unprofessional opinion, is to keep the house as is. Sister, if close enough, can visit a lot and doesn't give up council flat - she may need it within months...

    You should seek professional advice, however, to be sure. Try Age UK and/or Shelter.


    edited to add; Sister doesn't need security - she has a council flat.
    Act in haste, repent at leisure.

    dunstonh wrote:
    Its a serious financial transaction and one of the biggest things you will ever buy. So, stop treating it like buying an ipod.
  • noelphobic
    noelphobic Posts: 2,297 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Otherwise, what are the alternatives. Apart from waiting till mum dies as everything is left to me and my sister.
    Noelphobic, I don't need a claim on mum's flat..

    I was going by what you said yourself in your post. I may have misunderstood you.
    3 stone down, 3 more to go
  • Thank you Cloud, that is a post which needs some thought.

    It's me that wants security for my sister, she only has a council flat, would love for her to have her own home.

    Mum in private care home at present on respite. Could be long term.

    I will talk to a solicitor I think, probably best way.

    Noel, sorry, I didn't make myself clear.
    I am happy to receive responses to my posts, however I will ignore any that are flaming/trolling.
  • noelphobic
    noelphobic Posts: 2,297 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Noel, sorry, I didn't make myself clear.

    no problem :)
    3 stone down, 3 more to go
  • GavB79
    GavB79 Posts: 751 Forumite
    Part of the Furniture 500 Posts
    If your mum is in a residential home and her sister in a council flat, who occupies your mum's flat at present?
  • At the moment her flat is empty.

    What we are after is caring for mum at home and securing my sisters home.
    I am happy to receive responses to my posts, however I will ignore any that are flaming/trolling.
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