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Inheriting home, Wills and father in Council Care

2

Comments

  • mystic_trev
    mystic_trev Posts: 5,434 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    andyuk2005 wrote: »

    Such a situation would naturally leave me and my 2 siblings without a home, and dependent on the length of care could result in no estate to pass down to us.

    Ask yourself one question.

    What's more important?

    Your rights to your parents estate.

    Your parents rights to decent care in their old age.
  • mrginge
    mrginge Posts: 4,843 Forumite
    Ask yourself one question.

    What's more important?

    Your rights to your parents estate.

    Your parents rights to decent care in their old age.

    I think we can all guess at the answer where there's a combination of high value house and nervously sweating offspring with their sense of entitlement.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    TBagpuss wrote: »


    If your mum were to die first then her half of the house would pass to you and your siblings, and the other half would still belong to your dad. However, as there would be no dependent living in the property the council would probably be able to force a sale of the house so that your dad's interest in it could be used to fund his care.
    .

    I dont believe thats correct is it? The OP they said live in this house with their mother.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    AnotherJoe wrote: »
    I dont believe thats correct is it? The OP they said live in this house with their mother.
    They did, yes. They also said they were not regarded as being dependent on the parents. Therefore there will be no dependent living at the property.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    You are correct AdrianC, my bad,and indeed i see teh OP actually mentioned this. Oopsy !
  • p00hsticks
    p00hsticks Posts: 14,495 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    AdrianC wrote: »
    They did, yes. They also said they were not regarded as being dependent on the parents. Therefore there will be no dependent living at the property.

    The OP doesn't say how old they are, but I think if they are over 60 they would not be forced to leave, but the council might place a charge on the property so that they could eventually get their money back when the OP moves out or dies
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    p00hsticks wrote: »
    The OP doesn't say how old they are, but I think if they are over 60 they would not be forced to leave, but the council might place a charge on the property so that they could eventually get their money back when the OP moves out or dies

    Which is what's happening with the mother. It sounds as if the OP and siblings (the OP is unclear if all three live at home, rather than just the OP) have never actually left the parental home, although there's no great reason why they couldn't.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If what you were suggesting was a possibility, don't you think that's what everyone would do? Then tax payers would have to pay for everyone's care in old age. Do you know what that bill is? It's massive and under huge pressure. Many people are not getting the care they require because of that bills. Standards in nursing home are going down because they are not getting enough funding from Local Authority.

    You see your own circumstances which means the horrible perspective of no inheritance, thankfully, the government see the wider picture on behalf of society.

    It's not because you and your mother don't pay towards your father's care fees that it is free. It is only to you because he can't pay. If he finds in a situation where he can, then of course that should take precedence over giving you a nice lump sum.
  • Keep_pedalling
    Keep_pedalling Posts: 21,076 Forumite
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    Surely you dad has plenty of assets to pay for his care before the house comes under threat? Back in 2011 you were worried about IHT because your parents were well over the threashold, so there should be good few years left before that is used up

    https://forums.moneysavingexpert.com/discussion/3091108
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    AdrianC wrote: »
    Which is what's happening with the mother. It sounds as if the OP and siblings (the OP is unclear if all three live at home, rather than just the OP) have never actually left the parental home, although there's no great reason why they couldn't.
    From the 2011 thread that's just been found, only the OP was living with parents at that time, and all three were "over 25" - but no mention of by how much. Probably safe to guess not by 30yrs, though...
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