Advice please

devon_scouse

My mum and dad have been living apart for over 25 years .She lives in a property that is in my fathers name. He lives in another property he owns a long way from my mother he pays all my mothers bills the only income she has is her state pension.She is now 79 not in the best of health she needs to move to a smaller property.I registered her with our local housing authority in January this year they asked for proof of who's name the house is in which i did.They have now decided my mother needs to see a solicitor to see what she is due from my fathers assets. My mother will not see a solicitor. I do not feel I can talk to my father about this as his health is not good he has a heart problem. They are not divorced.

Many Thanks

RAS

Since they are not divorced, they must be married?

If so, both properties would be assets of the marriage and your mother would be granted a substantial portion of them if they divorced and any other assets he owns.

If he dies, she could inherit at least the minimum under intestacy rules if he has no will, and if he has a will, can claim a substantial amount even if he has excluded her.

Gorgeous_But_Grumpy

Hi,
That is a very difficult situation. Unfortunately as she was possibly 'legally' due a share of the marital assets, 25 years ago, they presumably want to means test her now and need to take that figure into account. I guess it is understandable that they need to assess fully to ensure that properties are given out to most in need.
A difficult situation if your mother doesn't want to contact a solicitor. Perhaps, you could 'adapt' the property she lives in to make it more suitable for her?