Brother to retain parent's house

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.
«13

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 45,809
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    I don't know about in Scotland, but I know in England your brother's age would be relevant - how old is he, and is he disabled in any way?

    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?
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  • zen_dog
    zen_dog Posts: 6 Forumite
    Hi,
    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.
  • Errata
    Errata Posts: 38,230
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    Sorry - but the plain fact is that the government won't pay for the parents care because their son wants, but doesn't need, to continue to live in their house.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • Errata,
    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.
  • margaretclare
    margaretclare Posts: 10,789 Forumite
    zen_dog wrote: »
    Errata,
    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?
    [FONT=Times New Roman, serif]Æ[/FONT]r ic wisdom funde, [FONT=Times New Roman, serif]æ[/FONT]r wear[FONT=Times New Roman, serif]ð[/FONT] ic eald.
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  • pollypenny
    pollypenny Posts: 29,389
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    Can your brother buy the house, thus freeing up the capital for your parents to save.

    They may not need a care home, anyway.
    Member #14 of SKI-ers club

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    (Pity they are mangled by this autocorrect!)
  • Both in their eighties. They want my brother to have the house. Both not expecting to go into care, but my mother is not very mobile and depends upon my father to get her out and about. They haven't really considered the possibility of care home and what it could mean. I live 300 miles away from them, so not easy to help out. I had suggested they need to get advice and thought I would also check on options for them. At the end of the day it isn't so much about money. If it comes to the crunch the house and savings are for their upkeep. I don't need the money and I am concerned for my brother.
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    zen_dog wrote: »
    Both in their eighties. They want my brother to have the house. .

    If they really wanted this they would be leaving the house just to him and not to both of you.
  • If your brother is over 60 and still living there then the house would be disregarded in the financial assessment for care home costs in Scotland. And it is disregarded while either parent is still living there.

    So the chances are that it won't be an issue.
  • zen_dog
    zen_dog Posts: 6 Forumite
    Hi Dunroamin, yes there is ambiguity in what the wanted, which I pointed out, I think they wanted to be fair.
    Hi Sleepless saver, Didn't realise that, I'll follow it up thanks.
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