Putting property into 'Trust'

pmlindyloo

Mojisola wrote: »

As lindy says, there is a legitimate way of protecting half of the value of the property. The property needs to be owned as "tenants in common" and they must have wills leaving their share of the house to someone other than their spouse. The share of the house is usually put in a trust to protect the surviving spouse's right to stay in the property.

What can't be done is to give away capital or a property so that you don't have to pay your own care home fees.

Also, if one of a couple needs residential care and the other will stay in the house, the value of the house is disregarded in the financial assessment.

As above.

I think the different answers posted on here have arisen as result of believing that your father was living in the house alone.

Now that this has been cleared up you can follow the above advice knowing that this is perfectly legal and is used by many people (me included!)

PS Thank you for your very kind words but I am just a very ordinary person with no legal background at all - just happen to have a husband whose work covers this.

Mojisola

pmlindyloo wrote: »

I think the different answers posted on here have arisen as result of believing that your father was living in the house alone.

Now that this has been cleared up you can follow the above advice knowing that this is perfectly legal and is used by many people (me included!)

PS Thank you for your very kind words but I am just a very ordinary person with no legal background at all - just happen to have a husband whose work covers this.

I don't think the kind of trust we've described is what the "solicitor" is suggesting, unless Bri's father has misunderstood the explanation.

Bri - if he will let you help him, get the details of what's being suggested in writing and ask again here.

pmlindyloo

Mojisola wrote: »

I don't think the kind of trust we've described is what the "solicitor" is suggesting, unless Bri's father has misunderstood the explanation.

Bri - if he will let you help him, get the details of what's being suggested in writing and ask again here.

As the OP now says that it was a flyer put through the door then I suspect it said something like ''Property Trust - protect your home from care home fees''.

OP, do some reading on the internet about this - if you google 'Property Trus't there are many articles telling you about it.

Get some free information from different solicitors etc, compare the fees, read any reviews, ask for recommendations from friends and then make an informed decision (with your Father's input, of course)

margaretclare

We may have had a similar flyer, but if we did, it joined all the other unsolicited paperwork like 'claim for this, that and the other', pizza deliveries, you name it which comes through the door - into the recycling bin.

Perhaps my (Original Post) description of the 'doorstep Solicitor' was a little disingenuous ;( it now appears my father responded to a 'flyer' that was pushed through his letterbox); the person who came to visit my father was a ‘representative/Solicitor(?)' of a National Legal services company.

So your father responded to the flyer and asked these people to call. Hasn't he got a family solicitor who knows him, knows his situation and could give more targeted and more relevant advice?

bri160356

margaretclare wrote: »

We may have had a similar flyer, but if we did, it joined all the other unsolicited paperwork like 'claim for this, that and the other', pizza deliveries, you name it which comes through the door - into the recycling bin.



So your father responded to the flyer and asked these people to call. Hasn't he got a family solicitor who knows him, knows his situation and could give more targeted and more relevant advice?
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Hi Margaretclare, many thanks for the previous posts.However, as per my last post, the situation has moved on somewhat in as much as my father has booked a visit to a ‘reputable’ local Solicitor. This whole episode arose because my father ‘did’ respond to the ‘flyer’ that was shoved through his letterbox. Also, to answer to your specific question; no, he didn’t consult his Family Solicitor who ‘knows him’ and ‘knows his situation' because :-

a. the idea of a ‘Trust’ was prompted purely by the flyer.

b. He does not have a ‘Family Solicitor’ with any specific knowledge of ‘him’ or his personal ‘situation’.

Regards

PS on a lighter note (and completely off-topic – please don’t reply) re your comment about throwing all the ‘pizza/takeaway’ etc flyers in the bin. Why don’t you give them a try; you may like them! The favoured ones I use locally serve reasonably priced, ethnically divergent, convenient and exquisite food.:)

bri160356

pmlindyloo wrote: »

As the OP now says that it was a flyer put through the door then I suspect it said something like ''Property Trust - protect your home from care home fees''.

OP, do some reading on the internet about this - if you google 'Property Trus't there are many articles telling you about it.

Get some free information from different solicitors etc, compare the fees, read any reviews, ask for recommendations from friends and then make an informed decision (with your Father's input, of course)

Mojisola wrote: »

I don't think the kind of trust we've described is what the "solicitor" is suggesting, unless Bri's father has misunderstood the explanation.

Bri - if he will let you help him, get the details of what's being suggested in writing and ask again here.

Hi Pmlindyloo & Mojisola, many thanks for the guidance and help so far; it is greatly appreciated. I’m sorry for omitting the information regarding my mother in my OP. I believed that it might cloud the situation on what I originally thought would be a fairly straightforward question/answer scenario. However, it seems to have had the opposite effect; please accept my apologies.

I will collate as much information as I can and ensure my father is armed with all the relevant questions before his visit to the ‘reputable’ local Solicitor.

Many thanks & regards.

P.S. I will update in due course.

margaretclare

bri160356 wrote: »

’.PS on a lighter note (and completely off-topic – please don’t reply) re your comment about throwing all the ‘pizza/takeaway’ etc flyers in the bin. Why don’t you give them a try; you may like them! The favoured ones I use locally serve reasonably priced, ethnically divergent, convenient and exquisite food.:)

Thank you very much. No, I used 'pizza deliveries' as an example of the total cr*p which comes through the letter-box on a daily basis. There are people I hear about locally who now can't even get out of their front doors as a result of becoming addicted to pizza and all the other fast-food deliveries which are - even in this little country town - available within a couple of miles or so. I have not fought so hard to control my weight to go down that route! If I wanted a pizza I would go to an Italian restaurant. We also have a rather nice Indian restaurant which we go to occasionally but again, flyers for Balti etc come through the door on a regular basis. At present there have been efforts to persuade us to claim for 'nuisance' since our little airport really got going, a lot of investment has gone into it since Stobart bought it and now some people are complaining about the easyJet flights. Flyers for the same kind of 'doorstep solicitors' that your Dad responded to, but as we don't find it a nuisance we're not getting involved in that either.

I mentioned a family solicitor because we have one - we did our equity release through them, our power-of-attorney, and of course, our wills. It makes a big difference talking to someone who knows us.

Crisp_£_note

Havent read the whole thread sorry just original post but wanted to say putting the property into trust does not automaticaly save any car home fees in my experience. Happend to my husbands grandmother (bless her) but she still ended up having to pay private care home fees even though the property was safe. The property is still in the family but she has long since passed to spirit.

Never trust anyone on your doorstep or cold caller on the phone, I always say if its a service I need Ill call them not them call I .


EDIT as had a quick 'nosey' at later posted replies.
My Mam recently had a flyer from an estate agent 'homing in' on her actual property she rang me up and asked me to look it up online as it read "go to our website now we will tell you all about house prices and how many we have sold in your road etc etc this past month and go and enter code xxxxxxxx" the code was a string of randoms followed by / and my Mams postcode and house number. The online website was clearly touting for her business as it didnt give her any of the info the leaflet said it would but asked for her personal details including email and phone number and address!! Speaking to my Mam she said thats almost what it says on the leaflet, so I think I talked her out of bothering as its too much hassle for her (bless her) she is in her 70's and not too well at the best of times. Her house has been up for sale since just after my Dad died and its all getting just about too much for her now and the stress is making her go round in circles with worry and in turn me worrying about her is affecting me too!!

Its wrong and shouldnt be allowed !!!! :mad:

troubleinparadise

Not everyone ends up in a care home - your dad may never need it.

Should a care home become necessary, being at the mercy of the Local Authority's funding means having to go where they choose - that might not be quite as pleasant as that which could be afforded by a person with a property to sell to fund the fees....

Another couple of options are having live-in care within your own home, or family members providing any care needed to avoid residential care being an issue.

margaretclare

troubleinparadise wrote: »

Not everyone ends up in a care home - your dad may never need it.

Should a care home become necessary, being at the mercy of the Local Authority's funding means having to go where they choose - that might not be quite as pleasant as that which could be afforded by a person with a property to sell to fund the fees....

Another couple of options are having live-in care within your own home, or family members providing any care needed to avoid residential care being an issue.

This is absolutely true. From what I read on this site, an awful lot of people make the last decades of their life a misery, worrying about 'what if' and going into contortions to prevent what may never happen.