Giving house to Me!

joanne1971

Hi

My dad wants to give his house to me. He has alzimeirs BUT is in the very early stages. He knows what he is doing but looses his keys and forgets the day of the week. He has made me his power of attorney for when he no longer knows what he is doing.

He wants to do this for 2 reasons, firstly to avoid care home fees he also wants me to have the house rather than my brother.

I am not sure if he can give me the house as my mum is already in a care home and with his diagnsis he could end up there to in the future.

I have promised him I will speak to a solicitor about him getting his half signed over to me. My mum (with is all with it) wants to keep her half and leave it to my brother and I jointly.

Can this all be done - it seems too complicated to me and I am not sure it will work any way in terms of avioding care home fees as I have read about deprivation of assests. I wondered if avoiding my brother getting some of the house and the hassles of probate is enough to show that depriving assests was not his sole intention.

McKneff

Now he has been diagnosed with Alzheimers it will be virtually impossible to do this.
You have read up about Deprivation of Assets. The rules are quite clear..

Bit cheeky really, asking the very people who, as tax payers, who would be funding the NHS care for help.

So you are asking us how you can work the system so you get your inheritance.

Who pays for your mothers care. You cant really expect the dWP to pay for both their care surely

joanne1971

Well yes maybe cheeky - but my dad has worked since he was 14 (until he was 65) and paid into the sytem. NEVER once been sick or unemployed and claimed benefits.

He has paid his bit in my opinion.

Note he wants to give his house to me not my broter (i have no fallout with my brother or anything- we get on well) but my dad thinks my brother is lazy he wants me to have the house.

Linton

joanne1971 wrote: »

Well yes maybe cheeky - but my dad has worked since he was 14 (until he was 65) and paid into the sytem. NEVER once been sick or unemployed and claimed benefits.

He has paid his bit in my opinion.

Note he wants to give his house to me not my broter (i have no fallout with my brother or anything- we get on well) but my dad thinks my brother is lazy he wants me to have the house.

He wont be getting the benefit, you will. Perhaps after your father's years of work he and your mother deserve the best care that their money can buy. Not the care limited by what the council can afford to spend.

Also will brother be so happy when he gets 1/4 of the house and you get 3/4? Part of a house wont do either of you much good unless you are both happy to agree on what to do with it.

irishjohn

joanne1971 wrote: »

Well yes maybe cheeky - but my dad has worked since he was 14 (until he was 65) and paid into the sytem. NEVER once been sick or unemployed and claimed benefits.

He has paid his bit in my opinion.

Thankfully we are not a society where "we just have to pay our bit and not a penny more"

My dad was 65 and 8 months old the day he came home from work and collapsed and died. In your society I would have had the right to ring up the DWP and insist on a repayment of my dad's overpayments, but today my mum is in a care home needing 24 hour care and getting it - with quite a bit of funding from the state and a top up payment from me - Mum and Dad never earned enough to buy a house to pass on to anyone.

I have retired comfortable with a nest egg and no mortgage on my home. I will enjoy my retirement and if the time comes when I need the same sort of care as my dear Mum, I am quite happy for every penny I have left including the value of my house to be used to keep me comfortable and allow me to die with dignity. I inherited nothing, I worked hard, I paid my dues - probably more than my dues, but thats my contribution to society and I hope someone else benefits from it.

But I hope this does not make me sound like a leftie - I am the product of my own efforts and a big fan of the centre right.

joanne1971

Yes I agree it is my dad that paid in not me - but it is him that is truely upset at the idea of having to pay for care fee when as HE sees it others that have not worked and saved get it free.

I pay top up fees formy mums care home of £200 a month, as I want her to have the best care, it is actually a real struggle for us to come up with that much each month, which is a small part of why dad wants to give us his house now. And obviously if my dad died or went into care the state would take her half of the house, so he just wants to secure his half.

I want advice really on if it is possible rather that moral judgements. Thanks

McKneff

Well, you got advice, you wont be able to do it.

I worked all my life, as did my OH, but I expect to be responsible for myself, when the time comes.

What any of us has paid into the system is irrelevant. The tax payers are paying my state pension. When I was working, i was paying for the pensioners at the time.

I dont understand why he is upset at having to spend money on himself.

If he and your mum had put the house in trust many years ago, it would be a different matter but it is too late now to do it.

McKneff

joanne1971 wrote: »

Yes I agree it is my dad that paid in not me - but it is him that is truely upset at the idea of having to pay for care fee when as HE sees it others that have not worked and saved get it free.

I pay top up fees formy mums care home of £200 a month, as I want her to have the best care, it is actually a real struggle for us to come up with that much each month, which is a small part of why dad wants to give us his house now. And obviously if my dad died or went into care the state would take her half of the house, so he just wants to secure his half.

I want advice really on if it is possible rather that moral judgements. Thanks

If your dad went into care, and your mum was in care, they wouldnt take the house, they would force a sale of all of it and fees paid from that from an account in your mum/dads name.
There maybe some funds left of course when care is no longer needes.

Do you know whether your parents have the house as joint tennants or tenants in common, it makes a big difference legally.

irishjohn

joanne1971 wrote: »

I want advice really on if it is possible rather that moral judgements. Thanks

Sorry if you saw my post as a moral judgement, I knew I could not answer your question with any authority. But because of my own current circumstances I generally feel qualified to comment when an opinion is given which is opposed to my own opinion - as your opinion was. I do not sit in judgement - simply give an alternative view in the hope that our society continues to be one which cares for its fellow man, not one where everyone gives as their taxes only what they are certain to get back for their own use.

joanne1971

I dont think my dad 'gave' (not that he had a choice in terms of tax), to get back, of course he as many people of his generation were happy to 'pay their way'. But he feels it is wrong to now penalise him and my mum for saving to buy a house and all the years of scraping and saving, when many of their friends and siblings lived in council houses and went on nice holidays; they didnt as they wanted to leave something for their children.

Although that said my dad has since fallen out with my brother and now wants to just give to me and the grandchildren.

somethingcorporate

The simple answer is no. Far too late - the deprivation of assets will mean that the local authority treat him as he still owns the property.

Not sure why you think you should have the tax payers pay for his care when he has the means either.