Mum widowed, dad left no will. Mum wants home to go to son

EricTheKing7

1st timer - sorry if I've posted this in the wrong section. Dad died last may without a will. I got letters of admin and dealt with probate. He owned the house in his name only. My mum (aged 74) wants to leave the house to my brother, and have heard we can have the house signed over to him (I haven't yet had the house deeds changed to my mum's name - I believe I have up to 2 years to sort this). The main aim of this would be to prevent my mum having to sell the house if she had to go into care. Can she remain in the house in the meantime and what would be the legal position. My mum needs to sort out her will, what could I expect to be charged by a solicitor for the will and property issue? Thanks in advance.

Mojisola

No, it would considered deprivation of capital.

If your brother was planning to live in the house with your Mum and he reaches 60 before your Mum needs residential care, the value of the home will be disregarded.

https://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS38Treatment_of_property_in_the_mean_test_for_permanent_care_home_provision_fcs.pdf.pdf?dtrk=true

Mrs_Money

As you have to sort the deeds out now anyway, would it be possible to have your brother put on the deeds with your mum as "Tenants in Common" - this is a "loophole" which at least prevents the whole of a property being swallowed up in care fees should they ever become necessary. That is, if your mum needed care in the future, only half the property could be taken into account to pay for it (and only then when it is eventually sold - the LA can't really make you sell when the property is half owned by someone else).
If it's transferred now it can indeed be seen as Deprivation of Assets by the LA, as has already been said and there is no definite time before care being needed that this can happen.
I think other folks on here have built annexes on their homes or had Granny flats and then the parent has sold their home and put money into their son/daughter's property to help with extensions, conversions etc., but even this is difficult if it can ever be seen that the parent in question was already in failing health.
You may be best off seeing a solicitor who specialises in this kind of thing. But now is definitely the time to act.

Mojisola

Also, take your Mum to visit a few local care homes and see if she would be happy to live out her years in the ones that are funded by the LA. In some areas they can be very good; in other places, you wouldn't want to leave your dog there.

EricTheKing7

Thanks Mojisola
That's reassuring. Not sure my brother intends to live there though. I was told (as the administrator) it could be set up as a 'deed of variation' allowing my mum to right to live in the house indefinitely. Does that fact that my brother would not want to live in the house effect my mum's position regarding possible future care cost (in effect, I would be stating that my father's wish was to leave the house to my brother with the condition that my mum could see out the rest of her days in the family home). I have managed to handle the probate without a solicitor so far, but I don't think I will be able to do this bit without their help.

John_Pierpoint

What was the total net value of your late father's estate? (ie everything he owned including the house, less any debts).

As the beneficiary of your father's intestacy, your mother would have to sign the "Deed of Variation" that created her Interest in possession (Life interest) trust. Whether the local authority is clever enough to unravel this is a moot point. The solicitor you will need to create a DoV may have practical experience.
It is a pity Dad did not make a will.

monkeyspanner

Your mum's choice of care home could be very restricted if she has to choose a home which will accept the councils agreed rates. If she is council supported she is not permitted to top-up her fees in order to get a better care home although she can accept 3rd party top-ups. Would any of the family be in a position to provide 3rd party top-ups which could amount to a substantial weekly amount?

hunsbury0

Mrs_Money wrote: »

As you have to sort the deeds out now anyway, would it be possible to have your brother put on the deeds with your mum as "Tenants in Common" - this is a "loophole" which at least prevents the whole of a property being swallowed up in care fees should they ever become necessary. That is, if your mum needed care in the future, only half the property could be taken into account to pay for it (and only then when it is eventually sold - the LA can't really make you sell when the property is half owned by someone else).
If it's transferred now it can indeed be seen as Deprivation of Assets by the LA, as has already been said and there is no definite time before care being needed that this can happen.
I think other folks on here have built annexes on their homes or had Granny flats and then the parent has sold their home and put money into their son/daughter's property to help with extensions, conversions etc., but even this is difficult if it can ever be seen that the parent in question was already in failing health.
You may be best off seeing a solicitor who specialises in this kind of thing. But now is definitely the time to act.

Hi, my wife & I bought our current house 10 yrs ago, I think it was done as "Tenants in Common" , how can I find out (cheaply) the status ( whether or not is was done as tenants in common) of purchase without contacting the solicitor?
Thank you.

pmlindyloo

hunsbury0 wrote: »

Hi, my wife & I bought our current house 10 yrs ago, I think it was done as "Tenants in Common" , how can I find out (cheaply) the status ( whether or not is was done as tenants in common) of purchase without contacting the solicitor?
Thank you.

I believe this information will be on your title deeds.

You can download a copy of these for £4 from www.landregistry.gov.uk

EricTheKing7

John_Pierpoint wrote: »

What was the total net value of your late father's estate? (ie everything he owned including the house, less any debts).

As the beneficiary of your father's intestacy, your mother would have to sign the "Deed of Variation" that created her Interest in possession (Life interest) trust. Whether the local authority is clever enough to unravel this is a moot point. The solicitor you will need to create a DoV may have practical experience.
It is a pity Dad did not make a will.

The estate was valued approx £280K - £100,000 savings and the property approx £170,000. I know my mother could afford to pay towards any future care as my father was a hard worker and would rather save than spend foolishly. But it would break my mother's heart if she had to sell the family home to pay for further care costs. If this can be avoided / protected legally, then we would be silly not to.

clemmatis

But it would break my mother's heart if she had to sell the family home to pay for further care costs.

What more or less broke my mother, body, heart and soul, was the in-patient injury that led to her admission to a nursing home, a nursing home *I* chose, after reading full reports, taking advice, and visiting, as good nursing homes allow, unannounced.

And it more or less broke my heart too. But at least I was able to choose a good nursing home and a pleasant room.

(In the end, savings covered the fees. And if they hadn't, Social Services would have let me live in my mother's house till I died.)

But your real question is how much a lawyer would charge. You'll have to ask one.