Brother to retain parent's house

6 Posts
Hi,
Hoping someone has ahd experience of my problem and can share a solution or potential solution.
My In-Laws have recently gone into a care home at the same time and this has broguht home to me the implications of funding their care and the almost certainty that their house will need to finance the fees until their assets drop to the £23K (approx) threshold where the Local Authority will contribute. Or sale of the house to repay the Local Authority.
My problem is that my parents are no spring chickens and if they were to fall into a similar scenario their house would form part of the assets the Local Authority would take into account in the means test. By the way they live in Scotland. Now the problem is my elder brother lives in the house, my parents have mentioned in the past they want him to have the house and that they have left the house to both of us in their will.
I understand the discussions on tenants in common v Joint tenants, and the deprivation of assets in transfer of ownership to my brother.
My parents would not seek to avoid contributing to their care should it be required, but are concerned that my brother has a home. So would my brother be turfed out if the LA asked for the value of the house as contribution?
Is there a way the house can be protected for him? I don't know what other assets my parents have, but suspect it would just be savings, not huge.
Any experience most welcome.
Hoping someone has ahd experience of my problem and can share a solution or potential solution.
My In-Laws have recently gone into a care home at the same time and this has broguht home to me the implications of funding their care and the almost certainty that their house will need to finance the fees until their assets drop to the £23K (approx) threshold where the Local Authority will contribute. Or sale of the house to repay the Local Authority.
My problem is that my parents are no spring chickens and if they were to fall into a similar scenario their house would form part of the assets the Local Authority would take into account in the means test. By the way they live in Scotland. Now the problem is my elder brother lives in the house, my parents have mentioned in the past they want him to have the house and that they have left the house to both of us in their will.
I understand the discussions on tenants in common v Joint tenants, and the deprivation of assets in transfer of ownership to my brother.
My parents would not seek to avoid contributing to their care should it be required, but are concerned that my brother has a home. So would my brother be turfed out if the LA asked for the value of the house as contribution?
Is there a way the house can be protected for him? I don't know what other assets my parents have, but suspect it would just be savings, not huge.
Any experience most welcome.
0
This discussion has been closed.
Latest MSE News and Guides
Replies
If the house did have to be sold, would there be any reason why he would not be able to find his own place to live?
He is mid 50s. There is no reason he could not find somewhere else other than the cost of doing so. But it is his home and has been for 47 years.
He doesn't need to, but there are lots of things we don't need. We could walk everywhere, but we choose to use vehicles. We don't need to own houses but we choose to invest in them.
What I asked was for anyone with a solution. Which clearly you didn't have.
I'll try somewhere else. Thanks.
You mentioned that your parents are 'not spring chickens'. Whatever that means! There are many of us who could be categorised as 'not spring chickens', but we are not yet so decrepit, not considering going into a care home, either or both of us! Your parents may yet live to a ripe and healthy old age and not need the care home. It is only a minority of people, even with an ageing population, who end their days in a care home.
What do your parents think about this, your asking questions on their behalf?
Before I found wisdom, I became old.
They may not need a care home, anyway.
Words, words, they're all we have to go by!.
(Pity they are mangled by this autocorrect!)
If they really wanted this they would be leaving the house just to him and not to both of you.
So the chances are that it won't be an issue.
Hi Sleepless saver, Didn't realise that, I'll follow it up thanks.