Elderly Mum moved in with Brother

phillips333

Hi all, first post so be kind, looking for some advice/feedback on family situation and not sure if/what we need to do if anything

Mum who is 88 has lived in her own house alone since dad passed away 30yrs ago. Last year, after a fall, she decided she did not want to stay on her own and either move to a warden control place or in with one of her 3 children. Mum is still of sound mind.

It was agreed by all of us that she would contribute to buying a suitable property with my eldest brother and wife who are both nearing retirement and work less hours than me and my other brother so this made sense.

Move up to present date and Mum has now paid £100k from sale of her house to new house, brother paid £110k, they are now all living happily around the corner from me in suitable home for all of them.

My and my younger brother has accepted that we won't receive much inheritance because of this situation, but feel pleased/relieved that mum is not on her own.

There is no legal document showing that mum owns the new house, and I am concerned what happens after mum passes away. Her original will still shows her assets are split 3 ways.

My question is does mum need to make a new will, and will there be any problems for my eldest brother when mum passes away.

There is £30k left from the sale of mums home which is being split between me an younger brother while mum is still alive.

Thank you.

margaretclare

Mum seems to have found an ideal situation for herself. If I was 88 and alone in the world, I shouldn't want to live alone either.

Everyone should update their wills regularly. We get a reminder from our solicitor every 5 years. There are always changes in circumstances which need to be taken into account.

You say they are 'all living happily'. Fine. Then you mention the dreaded word 'inheritance'.

I think the main thing is that your Mum is, as you say, not living alone, not so much at risk of falls, has made her own choice and her own decision. It is for her to decide what to do with her assets.

Mojisola

phillips333 wrote: »

Mum who is 88 has lived in her own house alone since dad passed away 30yrs ago. Last year, after a fall, she decided she did not want to stay on her own and either move to a warden control place or in with one of her 3 children. Mum is still of sound mind.

It was agreed by all of us that she would contribute to buying a suitable property with my eldest brother and wife who are both nearing retirement and work less hours than me and my other brother so this made sense.

Move up to present date and Mum has now paid £100k from sale of her house to new house, brother paid £110k, they are now all living happily around the corner from me in suitable home for all of them.

My and my younger brother has accepted that we won't receive much inheritance because of this situation, but feel pleased/relieved that mum is not on her own.

There is no legal document showing that mum owns the new house, and I am concerned what happens after mum passes away. Her original will still shows her assets are split 3 ways.

My question is does mum need to make a new will, and will there be any problems for my eldest brother when mum passes away.

There is £30k left from the sale of mums home which is being split between me an younger brother while mum is still alive.

While this situation suits everyone at the moment and most people don't need residential care, the possibility is always there. People can end up with conditions that make it impossible to care for them properly at home.

Giving away this £30k could be than a problem.

Why isn't she named as an owner on the house deeds? Do you and your brother expect the other brother to sell his house when your Mum dies and give you a share of its value? At the moment, as the house is in his name, it wouldn't be part of your Mum's estate.

savingmummy

Wills indeed need to be updated, especially during changes.


Regarding the house is it all in your brothers name?

onlyroz

Have you considered what would happen if your mum ever needed nursing care?

tea_lover

You also need to consider what happens if your brother and SIL die before your mum. It's not likely but none of us know what's around the corner. Would your mum still be able to stay in the house she's half paid for if that happened?

BigAunty

If you are saying that your brother is the sole owner of the property, essentially meaning that she has gifted your brother £110k, then this can have implications if she ever needs residential care.

Find the Deprivation of Assets factsheet on the Age UK website to understand why the local council will not be happy to discover if she applies for residential care that she has transferred her capital to her son.

Mojisola

phillips333 wrote: »

Mum who is 88 has lived in her own house alone since dad passed away 30yrs ago. Last year, after a fall, she decided she did not want to stay on her own

It would be worth getting advice to see if she could claim Attendance Allowance.

AgeUK and the CAB will give advice and help fill in the forms or, if your Mum or Dad were ever in the armed forces, try SSAFA for help.