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Housing benefit
Comments
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Our of interest, OP, are your parents in a care home currently?Trying to be a man is a waste of a woman0
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vonnykinsx wrote: »Also I will not benefit from the property on their death as it has been left in my will to a charity that I have supported for years.
So you had better hope that you do not die before them, or they will be homeless. Charities are ruthless when they are the beneficiaries of a will.
Of course if they go before you, then you will have the benefit of the property in your lifetime.
Either way, what happens to the property after your death is irrelevant - the legal situation is that YOU own the property now, so you are deemed to have a place that you can live in, or rent out to provide an income to pay your rent, or sell so that you can provide a roof over your own head.
Perhaps now is the time to put your parents into care? After all, they are in their 90's with dementia and needing care, isn't that what the whole purpose of the exercise was about?I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
"Hoist by their own petard" comes to mind here.
I think it's bare-faced cynicism to acquire a property in the way described and then to expect to be able extract money from the tax-payer as well.0 -
Maybe you should be charging your parents rent that way you can cover your own rent and they will no doubt be eligible for housing benefit to cover anything you charge... unless they have lots in savings.
I don't know if they could get HB in order to pay a relative. My brothers live together, and the one on a low wage can't get LHA or CTB because it's his brother he lives with.52% tight0 -
vonnykinsx wrote: »Just to point out..my parents, both in their early 90s and both suffering with dementia, contacted a solicitor who's advice it was to put their property into my name.
Also I will not benefit from the property on their death as it has been left in my will to a charity that I have supported for years.
I do not want my cake and I def don't want to eat it
And I do not want to bother my parents with all this as they would not understand.
You'll benefit if they die before you though.
If you're in dire financial straits and can't pay your rent what about moving in with them? Or could you do some sort of equity release scheme? I realise that you want the give the house to a charity, but if you can't actually afford to house yourself and your daughter then that seems like a big price to pay just so you can give the charity a house. Won't you run up debt in the meantime?52% tight0 -
Claiming to leave the house to a charity upon your death contradicts your enquiry about transferring the property to your daughter. I think you're being extremely economical with the truth about one thing or maybe all of it.
The most sensible thing to do is for your parents to go into the care you all so carefully took steps to avoid having to pay for and then you and your daughter to move into the property you own.0 -
vonnykinsx wrote: »Just to point out..my parents, both in their early 90s and both suffering with dementia, contacted a solicitor who's advice it was to put their property into my name.
Also I will not benefit from the property on their death as it has been left in my will to a charity that I have supported for years.
I do not want my cake and I def don't want to eat it
And I do not want to bother my parents with all this as they would not understand.
Very poor advice from the solicitor. The situation is causing you problems and, unless your parents can give a good reason for signing the house over to you other than wanting to save on residential home fees, they could still be assessed as having the capital.
If they had visited care homes that the LA will put them in if they need one compared to the ones they could chose to go into if they paid for it, they might have made a different decision.
If you die before your parents, they will be homeless.
If they die first, you will remain unable to claim any means tested benefits while you own a house you don't live in. Are you going to rent it out for the whole of your life so that the charity can inherit it?
Do you have POA for your parents? That's something the solicitor should have suggested before the scheme for the house!0 -
Which came first: the suffering from dementia or the contacting of a solicitor?
When applying for state-funded care this may become rather significant. Do not expect the LA to accept whatever they are told without question. You could find yourself in the position of having to use the property to fund their care and not being able to claim housing benefit at the same time either.0 -
vonnykinsx wrote: »Just to point out..my parents, both in their early 90s and both suffering with dementia, contacted a solicitor who's advice it was to put their property into my name.
Also I will not benefit from the property on their death as it has been left in my will to a charity that I have supported for years.
I do not want my cake and I def don't want to eat it
And I do not want to bother my parents with all this as they would not understand.
What a load of rubbish! Why would they donate a house to charity when their child is on the breadline and they could both end up in a care home needing the money from the house?! They can't afford to give the house away!! Why should the taxpayer subsidise their charitable donations??! And if the house is now in your name, they can't donate it to anyone because it isn't theirs to donate!
You don't only want to have your cake and eat it, but to make a trifle out of the leftovers. Disgusting.DMP Mutual Support Thread member 244
Quit smoking 13/05/2013
Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go
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It's allegedly not in the parents' wills that the property is being left to the charity, but in the OP's.
I don't believe a single word the OP has posted.0
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