Tennants in common- Lasting Power of Attorney

Linclass_2

Hi All
Can anyone help/advise, I am in the process of being made my widowed Aunts LPA [financial & health]. She is getting on in years, has no children and after a recent health problem and short stay in respite care, it was suggested I became her LPA, as I already help her re banking, bills and some social care, my sister also provides social care support.
My aunt just informed me on the death of my Uncle [7 years ago] a cousin inherited half the house . If this was the case would they be shown as registered owners on the Land registry form they are not listed when I checked]. IF they are tennants in common with my Aunt, what would happen if she needs to sell her home to cover care costs, will they have to mutually agree the sale etc. Should they be paying half the maintenance costs of the house too. Am I right in thinking they could insist the house is sold to gain their half, though this would not be in their interest as the other half is also bequeathed to them.

Fire_Fox

If your aunt and uncle were joint tenants the house would automatically have passed to your aunt upon your uncle's death, the land registry entry might suggest your aunt is mistaken. Before worrying about what can and cannot do what you need to establish the facts of ownership, do you know who the executors were?

Linclass_2

My Uncle told me the executors were my cousin's husband, myself and sister. However after his death we were not called on to do anything re the will and so I assumed the assets passed to my Aunt. The land registry shows my aunt and uncle as owners of the property.
My [and my sisters] only concern is my Aunt's welfare, however I can not say this is true of my cousin and they have done [illegal] and said things that show this to be true. However I can not broach this with my Aunt as it would upset her and our main concern is she recovers fully and be able to lead a semi independent life back in her home.
I am waiting on her solicitor to get back to me re the LPA I could ask then.

Linclass_2

And if no one informed the solicitor of my Uncle's demise then the will would not have been acted on!

Fire_Fox

What you say suggests the will may not have been acted upon/ probate was not sought, this needs addressing. Do you know which solicitor prepared and held the will, is it the one you are using for the PoA? If you were/ are executor you may not need to broach it with your aunt. Are you the executor for your aunt's will also?

You might be best asking the powers-that-be to move this to the proper forum, it's not a housing issue. http://forums.moneysavingexpert.com/forumdisplay.php?f=217

Linclass_2

Yes it's the same solicitor, I will have to ask then.